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Criminal Procedure — prosecutorial misconduct

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2012//

Criminal Procedure — prosecutorial misconduct

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — prosecutorial misconduct

Even though it was improper for the prosecutor to disclose the name of a confidential source for the first time during trial, a new trial is not required.

“Any effect that the government’s disclosure that the CS was Pedro Flores may have had on the verdict was insignificant. The government’s evidence of the defendants’ guilt, including Aguilera’s testimony about his dealings with Smith and Baker, Torres’s testimony about his cocaine transactions with Baker, the audiotape recordings in which Smith arranged with the CS for the delivery of cocaine to Baker, and Baker’s appearance at the contemplated cocaine transaction with $260,190 and a vehicle equipped with a hidden compartment, was overwhelming. There is no reasonable probability that the trial’s outcome would have been different absent the disclosure. Thus, the district court did not abuse its discretion in denying the defendants’ motion for a new trial.”

Affirmed.

10-3630 & 10-3652 U.S. v. Smith

Appeals from the United States District Court for the Northern District of Illinois, Conlon, J., Tinder, J.

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