Unbelievable

This wikilog article is a draft, it was not published yet.

by: Ryan • January 11, 2013 • no comments

I have no opinion on the legal issues raised by this petition for cert, but I'm just astounded that a lawyer asked this question. From SCOTUSblog:

Calhoun v. United States, :12-6142, out of the Fifth Circuit, concerns a question the prosecutor asked Mr. Calhoun, an African American, in his trial for conspiracy to possess cocaine with intent to sell: “You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you – a light bulb doesn’t go off in your head and say, This is a drug deal?” The Fifth Circuit held that the failure to order a new trial as a result of the inappropriate question was not plain error, reasoning that it failed the third prong because it did not affect Calhoun’s “substantial rights.”