Prosecutors' repeated "gratuitous" references, "with a lot of arch emphasis and many facetious asides" to the nickname of a defendant -- "Murder" -- entitled the defendant to a new trial for attempted murder, the 2nd Circuit has ruled. The court concluded prosecutors "invited prejudice by repeatedly emphasizing [Laval] Farmer's nickname in a manner designed to suggest that he was known by his associates as a murderer and that he acted in accordance with that propensity in carrying out the acts charged in the indictment."
Calling Defendant by 'Murder' Nickname Wins Him New Trial
New York Law Journal
October 13, 2009