DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101187P.pdf 09/09/2010 United States v. Frederick Miller
U.S. Court of Appeals Case No: 10-1187
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Smith, Author, with Hansen, Circuit Judge and
Webber, District Judge]
Criminal Case - conviction, District court abused its discretion in
overruling an objection to the government's closing and rebuttal argument
to the jury that stated in order to acquit defendant, jury had to find the
officer lied and would jeopardize his future career as a police officer.
Because the improper comments related to a central issue and
substantially prejudiced Miller's right to a fair trial, the error was not
harmless and conviction is reversed and remanded for new trial. District
court did not abuse its discretion in ruling on other evidentiary issues.