It is extinguished only upon the jury's determination of guilt beyond a reasonable doubt." Id.See United States v. Grassrope , 342 F.3d 866, 870 (8th Cir. 2003) ("As any federal prosecutor ought to realize, the presumption of innocence abides with a criminal defendant throughout his trial."); Crumley , 528 F.3d at 1065 (prosecutor's remark that the presumption of innocence "can be removed by fact, by proof" was improper). Roldan-Marin, however, has not shown that the improper remarks prejudiced his rights in obtaining a fair trial.
” United States v. Grassrope, 342 F.3d 866, 869 (8th Cir. 2003). Given the deferential standard afforded trial strategy and leeway provided to questioning sexual assault victims, this Court cannot conclude that the state court decision affirming the habeas court's holding that Mann failed to satisfy the first prong of the Strickland test to be “contrary to, or involve[ing] an unreasonable application of, clearly established Federal law[.]” 28 U.S.C. § 2254(d).
That is hardly surprising given Yvette's tender age, the threat that defendant made to her, and the stress of testifying in court. See McCormick On Evidence § 9 (Mosteller ed., 8th ed. 2020) (noting that "testifying at trial can be an intimidating experience"); Cf. United States v. Grassrope, 342 F.3d 866, 869 (8th Cir. 2003) ("We have repeatedly upheld the use of leading questions to develop the testimony of sexual assault victims, particularly children."). Yvette's statement clearly refreshed her recollection.