UNITED STATES v. SKANDIER

No. 84-1773.

758 F.2d 43 (1985)

UNITED STATES of America, Appellee, v. John P. SKANDIER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 2, 1985.


Attorney(s) appearing for the Case

Owen S. Walker, Federal Public Defender, Boston, Mass., for defendant, appellant.

Ralph D. Gants, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before TORRUELLA and ALDRICH, Circuit Judges, and SELYA, District Judge.


BAILEY ALDRICH, Senior Circuit Judge.

The understandable conflict between zealous advocacy and cold, total, fairness that must exist in the mind of any prosecutor anxious to win his case, more often than one could wish proves to be an unequal combat. Regrettably the books are full of our opinions noting excesses in summations that inferentially, if not directly, comment upon, or call the jury's attention to, the defendant's failure to take the stand, or tend to diminish...

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