American Savings & Loan Ass'n v. Morgan Guaranty Trust Co.

finding that district court abused its discretion by ordering a new trial where the court believed that the prosecutor improperly commented on the defendant’s failure to testify or produce documents at trial | “no Brady violation occurs if the defendant ... should have known the essential facts permitting him to take advantage of any exculpatory evidence” | “the activities that are specifically prohibited [by section 362(a) ] all involve attempts to confiscate the debtor’s property or require the debtor to act affirmatively to protect its interests” | “the infliction by the government of a stigma on one’s reputation, without more, does not infringe upon a liberty interest protected by the Constitution’s due process safeguards.” | postpetition presentment of negotiable instrument received prepetition, involving no coercion or harassment | “a time-honored tenet of statutory construction directs that a court called upon to apply an ambiguous penal statute should not construe it in favor of sanctions, but strictly in favor of lenity” | defamatory remarks made about tax lawyer by IRS to lawyer’s clients did not implicate liberty interest because they did not foreclose lawyer from practicing law, although they may have made him less attractive to clients | New York law allows restitution for mistake of law or fact | court held jury should be polled because case involved a notorious murder trial in New York City and there was extensive media coverage following the murder of the defendant by every newspaper, radio and television station in New York City | court held jury should be polled because case involved a notorious murder trial in New York City and there was extensive media coverage following the murder of the defendant by every newspaper, radio and television station in New York City | government is entitled to comment on plausibility of defense theory | approving of en banc inquiry