United States v. Canty, No. 20-2187 (1st Cir. 2022)
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The First Circuit vacated the judgment of the trial judge denying Defendants' motion for a new trial based on improper comments by the prosecutor, holding that the district court's denial of the new trial motions was plain error.
Defendants Edward Canty, III and Melquan Jordan were prosecuted on charges that they had conspired to distribute and possess with intent to distribute both heroin and cocaine base. During their criminal trial, the prosecutor made four types of improper comments during the opening and closing statements and at rebuttal, to which Defendants did not object. After they were convicted Defendants moved for a new trial based on the improper comments by the prosecutor. The trial judge denied the motions under plain error review. The First Circuit vacated the decision below, holding that the fairness, integrity, and public reputation of the proceedings were seriously affected, requiring remand for a new trial.
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