donnelly
dechristoforo
argued
february
decided
may
course
joint
murder
trial
respondent
codefendant
pleaded
guilty
murder
trial
advised
jury
stating
trial
respondent
continue
summation
prosecutor
stated
respondent
counsel
said
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find
guilty
quite
frankly
think
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guilty
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little
less
murder
respondent
counsel
objected
later
sought
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remark
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instructions
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statement
argument
evidence
declared
challenged
remark
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jury
ignore
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convicted
murder
state
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ruled
prosecutor
remark
though
improper
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warrant
mistrial
trial
instruction
sufficed
safeguard
respondent
rights
district
denied
respondent
petition
writ
habeas
corpus
appeals
reversed
concluding
challenged
comment
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respondent
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codefendant
offered
plead
guilty
lesser
offense
refused
comment
thus
potentially
misleading
prejudicial
deprive
respondent
constitutionally
fair
trial
held
circumstances
case
prosecutor
ambiguous
remark
course
extended
trial
followed
trial
specific
disapproving
instructions
prejudice
amounting
denial
constitutional
due
process
shown
miller
pate
brady
maryland
distinguished
pp
reversed
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
joined
stewart
filed
concurring
opinion
white
joined
post
douglas
filed
dissenting
opinion
part
ii
brennan
marshall
joined
post
david
mills
assistant
attorney
general
massachusetts
argued
cause
petitioner
brief
robert
quinn
attorney
general
john
irwin
barbara
smith
assistant
attorneys
general
paul
smith
argued
cause
respondent
brief
harvey
peters
jeffrey
smith
melvin
lewis
filed
brief
national
association
criminal
defense
lawyers
amicus
curiae
justice
rehnquist
delivered
opinion
respondent
tried
jury
massachusetts
superior
convicted
murder
jury
recommended
death
penalty
imposed
respondent
sentenced
life
imprisonment
appealed
judicial
massachusetts
contending
inter
alia
certain
prosecutor
remarks
closing
argument
deprived
constitutional
right
fair
trial
judicial
affirmed
acknowledged
prosecutor
made
improper
remarks
determined
prejudicial
require
reversal
respondent
sought
habeas
corpus
relief
district
district
massachusetts
district
denied
relief
stating
prosecutor
arguments
prejudicial
deprive
dechristoforo
constitutional
right
fair
trial
appeals
first
circuit
reversed
divided
vote
majority
held
prosecutor
remarks
deliberately
conveyed
false
impression
respondent
unsuccessfully
sought
plead
lesser
charge
conduct
denial
due
process
granted
certiorari
consider
whether
remarks
context
entire
trial
sufficiently
prejudicial
violate
respondent
due
process
rights
hold
reverse
respondent
two
companions
indicted
murder
joseph
lanzi
passenger
car
defendants
riding
police
stopped
car
approximately
april
discovered
lanzi
dead
body
along
two
firearms
one
fired
second
gun
also
recently
fired
found
short
distance
away
respondent
one
companion
avoided
apprehension
time
third
defendant
taken
custody
later
pleaded
guilty
murder
respondent
defendant
gagliardi
finally
captured
tried
jointly
prosecutor
made
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claim
respondent
fired
shots
argued
willingly
assisted
killing
respondent
hand
maintained
innocent
passenger
close
evidence
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argument
gagliardi
elected
plead
guilty
charge
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pleaded
guilty
respondent
trial
continue
respondent
seek
instruction
jury
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plea
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given
respondent
claims
constitutional
error
focus
two
remarks
made
prosecutor
course
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argument
jury
first
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personal
opinion
guilt
perhaps
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argument
respondent
counsel
majority
appeals
agreed
judicial
massachusetts
remark
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declined
rest
holding
violation
due
process
remark
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second
remark
deemed
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prosecutor
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challenged
comment
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motives
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trial
respondent
counsel
said
hope
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guilty
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guilty
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charges
said
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inverse
parallel
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erred
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petition
ii
appeals
case
noted
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urged
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process
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regard
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regard
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error
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justice
lisenba
california
stated
term
cupp
naughten
reviewing
instruction
given
state
federal
may
overturn
conviction
resulting
state
trial
instruction
used
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established
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condemned
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right
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defendant
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amendment
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inferences
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prosecutor
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courts
although
appeals
stated
flatly
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attorney
turned
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guilty
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judicial
massachusetts
stated
considered
argument
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jury
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implied
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prosecutor
one
men
defendant
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murder
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components
trial
may
result
judgment
conviction
iii
find
cases
cited
appeals
require
different
result
miller
pate
principal
case
relied
upon
held
state
prisoner
entitled
federal
habeas
relief
upon
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trial
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maryland
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prosecutor
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involvement
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manipulation
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trial
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prosecutor
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miller
brady
supra
amount
denial
constitutional
due
process
since
believe
distinction
continue
observed
reverse
judgment
appeals
ordered
footnotes
commonwealth
dechristoforo
mass
app
trial
stated
foreman
madam
gentlemen
jury
notice
defendant
gagliardi
dock
pleaded
guilty
case
disposed
therefore
go
forward
trial
case
commonwealth
vs
dechristoforo
app
challenged
remark
honestly
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believe
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see
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holohan
napue
illinois
decision
way
condone
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trial
courts
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process
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justice
stewart
justice
white
joins
concurring
agree
brother
douglas
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principle
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presented
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appeals
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upon
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justice
douglas
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function
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federal
constitution
tack
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people
expressed
laws
give
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crime
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stated
berger
attorney
representative
ordinary
party
controversy
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obligation
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interest
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prosecution
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