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U.S. v. DAY

No. 90-6260.

956 F.2d 124 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Montez DAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1992.

Attorney(s) appearing for the Case

Ed Bryant, U.S. Atty., Timothy R. DiScenza, Asst. U.S. Atty. (argued and briefed), Christopher E. Cotten, Memphis, Tenn., Sean Connelly, U.S. Dept. of Justice, Criminal Div., Washington, D.C., for plaintiff-appellee.

Clifton Harviel, Federal Public Defender (argued and briefed), Memphis, Tenn., for defendant-appellant.

Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge.

RYAN, Circuit Judge.

We have granted rehearing in this case to consider the government's claim that on the original appeal we concluded erroneously that the district court erred to the substantial prejudice of the defendant in "sharply chastising Day's counsel" at a sidebar conference conducted in the jury's presence. Specifically, we said:

Day further argues that the court's "scathing" criticism of his counsel unfairly prejudiced him in front of the jury...

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