Defendant’s murder conviction as to one victim is affirmed where defendant was denied due process by the prosecutors’ gratuitous exploitation of his prejudicial nickname, “Murder,” but this conduct did not prejudice defendant due to the strength of the evidence. However, defendant’s murder conviction as to another victim is reversed where the prosecutorial misconduct resulted in prejudice.

Read US v. Young, No. 07-2729

Appellate Information

Argued: May 12, 2009

Decided: October 8, 2009

Judges

Opinion by Judge Jacobs

Counsel

For Appellant:

Jeremy G. Epstein, Seth M. Kean and Grace Lee, Shearman & Sterling LLP, New York, NY

For Appellee:

Ilene Jaroslaw and Peter A. Norling, Assistant United States Attorney, New York, NY

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