United States Court of Appeals for the First Circuit

We represented a client on appeal from his federal conviction for conspiring to distribute cocaine. Jamie Sultan and Kerry Haberlin persuaded the United States Court of Appeals for the First Circuit that the prosecutor engaged in misconduct at trial by repeatedly asking our client on cross-examination whether the government’s cooperating witnesses who implicated him in the scheme were lying. The Court of Appeals agreed that our client was denied a fair trial in light of the gravity of the prosecutorial misconduct, which was exacerbated by the trial judge’s participation in the improper line of questioning. Deeming the prosecutorial misconduct prejudicial, the Court reversed our client’s conviction and ordered a new trial.

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