At Devonte Starks’s drug possession trial, the Government told the jury in closing that his right to be presumed innocent was gone after close of evidence. The jury convicted him, and he appealed.
The Tenth Circuit reversed, finding that it was plain error to allow the Government’s remarks. It also found that Mr. Starks’s trial was prejudiced by this error when viewed cumulatively with two others: the admission of expert testimony without Rule 702 disclosures or findings; and the Government’s improper vouching for the credibility of its witnesses in closing arguments.
Appeal from the District of Kansas
Opinion by Holmes, joined by Lucero and Phillips
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