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U.S. v. SALLEY

No. CR-07-18-B-W.

552 F.Supp.2d 62 (2008)

UNITED STATES of America v. Horace W. SALLEY III.

United States District Court, D. Maine.

May 12, 2008.

Attorney(s) appearing for the Case

Stephen C. Smith, Smith Law Offices, Bangor, ME, for Defendant.

Gail Fisk Malone, Office of the U.S. Attorney, District of Maine, Bangor, ME, for Plaintiff.

PARTIAL ORDER ON MOTIONS FOR NEW TRIAL

JOHN A. WOODCOCK, JR., District Judge.

Following a three-day jury trial, Horace W. Salley I II moved for a new trial, claiming that the prosecutor violated his Fifth Amendment guarantee against self incrimination by commenting on his decision not to testify. Although the Court finds that the prosecutor did inappropriately comment on the Defendant's failure to testify, the Court concludes that the Government established...

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