Opinion · Court of Appeals for the D.C. Circuit

United States v. Clinton L. Phillips

476 F.2d 538

Type
Opinion
Court
Court of Appeals for the D.C. Circuit
Jurisdiction
Federal
Date
1973-05-16
Topic
general

How later courts describe this case

  • reference to defendant as comparable to James Earl Ray, Sirhan Sirhan, Richard Speck and Jack Ruby
  • prosecutor’s comments on three occasions which sought to compare the defendant’s crime with crimes of three other infamous criminals held to be highly prejudicial requiring reversal
  • prosecutor’s use of inflammatory comments in rebuttal and closing argument
  • there was improper analogy drawn between defendant’s charges March 11, 2025 CONNECTICUT LAW JOURNAL Page 17 351 Conn. 428 MARCH, 2025 17 State v. Dabate and those involving Sirhan Sirhan, James Earl Ray, Richard Speck, and Jack Ruby

Citator

UpLaw has not yet analyzed United States v. Clinton L. Phillips. The absence of a flag is not a finding that it is good law.

Cited by
21 opinions
UNITED STATES v. PHILLIPS,476 F.2d 538(D.C. Cir. 1973)
UNITED STATES OF AMERICA v. CLINTON L. PHILLIPS, APPELLANT.
No. 72-1859.
United States Court of Appeals, District of Columbia Circuit.
Argued April 23, 1973.
Decided May 16, 1973.
Dorothy R. Burakreisfn*, with whom Heathcote W. Wales, Sherman L. Cohn and Linda Blumenfeldfn*(all appointed by this court), were on the brief, for appellant.

Richard S. Vermeire, Asst. U.S. Atty., with whom Harold H. Titus, Jr., U.S. Atty., and John A. Terry and Kenneth Michael Robinson, Asst. U.S. Attys., were on the brief, for appellee.
Appeal from the United States District Court for the District of Columbia.
Before WRIGHT and TAMM, Circuit Judges, and DAVIES,fn**Senior District Judge.
PER CURIAM.
[1] The appellant, charged in a two-count indictment with second degree murder, a violation of 22 D.C. Code § 2403 (1967), and with carrying a dangerous weapon without a license, a violation of 22 D.C. Code § 3204 (1967), appeals from his conviction of the latter crime.

[2] We reach only appellant's contention that the prosecutor's improper closing and rebuttal arguments were so highly prejudicial as to require reversal.

[3] On no fewer than three occasions, once during closing and twice during rebuttal, the prosecutor sought to draw an analogy between the crime charged against appellant and those involving Sirhan Sirhan, James Earl Ray, [Richard] Speck and Jack Ruby.
"While such an argument is always to be condemned as `an appeal wholly irrelevant to any facts or issues in the case,' Viereck v. United States,318 U.S. 236,247,63 S.Ct. 561,566,87 L.Ed. 734(1943), and as a dereliction of the prosecutor's high duty to prosecute fairly, see Berger v. United States,295 U.S. 78,88,55 S.Ct. 629,79 L.Ed. 1314(1935), in the context of current events, raising the spectre of [heinous crimes] . . . was an especially flagrant and reprehensible appeal toPage 539passion and prejudice. Although the prosecutor `may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.' Berger v. United States,supra,295 U.S. at 88,55 S.Ct. at 633; Viereck v. United States,supra,318 U.S. at 248,63 S.Ct. at 567." Brown v. United States, 125 U.S.App.D.C. 220, 224,370 F.2d 242,246(1966).


[4] Reversed.
  1. Student counsel appointed pursuant to Rule 20 of the General Rules of this court. ↩
  2. Of the United States District Court for the District of North Dakota, sitting by designation pursuant to28 U.S.C. § 294(d) (1970). ↩