PORTUONDO v. AGARD

No. 98-1170.

529 U.S. 61 (2000)

PORTUONDO, SUPERINTENDENT, FISHKILL CORRECTIONAL FACILITY v. AGARD

United States Supreme Court.

Decided March 6, 2000.


Attorney(s) appearing for the Case

Andrew A. Zwerling argued the cause for petitioner. With him on the briefs were Richard A. Brown, John M. Castellano, and Ellen C. Abbot.

Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Deborah Watson.

Beverly Van Ness argued the cause and filed a brief for respondent.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, in which Breyer, J., joined, p. 76. Ginsburg, J., filed a dissenting opinion, in which Souter, J., joined, p. 76.


Justice Scalia, delivered the opinion of the Court.

In this case we consider whether it was constitutional for a prosecutor, in her summation, to call the jury's attention to the fact that the defendant had the opportunity to hear all other witnesses testify and to tailor his testimony accordingly.

I

Respondent's trial on 19 sodomy and assault counts and 3 weapons counts ultimately came down to a credibility determination. The alleged victim, Nessa...

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