Topic: make a fair trial impossible or constitute clearly blatant … · Go Syfert
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Topic #14610

6 canonical passages across 4 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Booher v. State.

#Case FlagCanonical passage Citers
1 Booher v. State Anchor
ind · 2002
green “make a fair trial impossible or constitute clearly blatant violations of basic and elementary principles of due process and present an undeniable and substantial potential for harm.” 8
2 Davis v. State
indctapp · 2005
green “the element of harm is not shown by the fact that a defendant was ultimately convicted.” 5
3 Booher v. State
ind · 2002
green “determine (1) whether the prosecutor engaged in misconduct, and if so, (2) whether the misconduct, under all of the circumstances, placed the defendant in a position of grave peril to which he or she would not have been subjected.” 4
4 Davis v. State
indctapp · 2005
green “rather, it depends upon whether the defendant's right to a fair trial was detrimentally affected by the denial of procedural opportunities for the ascertainment of truth to which he would have been entitled.” 4
5 Bennett v. State
ind · 1981
green “a prosecutor may also properly comment on the evidence presented to the jury and argue logical conclusions from that evidence.” 3
6 Hobson v. State
ind · 1996
green “i warned you that defendants are liars” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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