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U.S. v. MITCHELL

No. 92-5506.

1 F.3d 235 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Michael MITCHELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1993.

Amended by Order Filed August 25, 1993.

Attorney(s) appearing for the Case

Anna M. Durbin, Law Offices of Alan Ellis, P.C., Philadelphia, PA, argued (Alan Ellis, on brief), for defendant-appellant.

Jennie L.M. Waering, Asst. U.S. Atty., Roanoke, VA, argued, for plaintiff-appellee.

Before RUSSELL and HALL, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

This case presents us with the question of whether prosecutorial overreaching was sufficiently egregious in this case to require reversal. The alleged error arose out of the repetition throughout the testimony and argument of counsel of inadmissible and prejudicial evidence. The rule in connection with prosecutorial overreaching has been stated in many opinions. That rule has been framed as the maxim that "[i]t is often...

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