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Prosecutorial Misconduct for AUSA to Introduce "extensive evidence" of Uncharged Drug Use and Transactions -- Even Under Plain Error Standard

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

United States v. Morena, No. 07-1297 (Nov. 19, 2008). Morena appealed his conviction for felon-in-possession and possession of an unregistered, sawed-off shotgun. He appealed on several grounds, but prevailed on his claim that the government?s injection into the trial of extensive evidence of uncharged drug use and transactions, as well as evidence of his prior non-felony convictions amounted to prosecutorial misconduct and plain error.There is great language in this opinion about the prosecutor?s duty as the representative of a sovereign, the danger of admission of uncharged misconduct, the sufficiency of evidence in gun prosecutions, and the limited value of curative instructions.The district court had approved the admission of a limited amount of drug evidence under 404(b) to show motive and to set the context for the arrest...continue to full post

Full post as published by Third Circuit Blog on November 25, 2008 (boomark / email).