But he added that pretrial publicity has not been so prejudicial that it will taint the proceedings.
Caplan said: "It is difficult to envisage what other material could have been so prejudicial so as to have created the requisite risk".
"The burden of demonstrating that an erroneous instruction was so prejudicial that it will support a collateral attack on the constitutional validity of a state court's judgment is even greater than the showing required to establish plain error on direct appeal". Henderson v. Kibbe, 431 U.S. 145, 154, 97 S.Ct.
Melissa Mourges seemed to share the animus many police officers felt for Tupac; Charles Ogletree argued in his appeal that her conduct was so prejudicial (she railed against Tupac as a "thug," among other things) that a new trial was warranted on that ground alone.
The rulings, the banks argue, are so "gravely prejudicial" that the firms had no choice, a step that was not "taken lightly".
Defense lawyers also said that because there had been so much prejudicial publicity, Mr. Lindh needed time for the effects to fade to get a fair trial.
2 That court acknowledged that the prosecutor had made improper remarks, but determined that they were not so prejudicial as to require reversal.
The District Court denied relief, stating: '(T he prosecutor's arguments were not so prejudicial as to deprive (DeChristoforo of his constitutional right to a fair trial.' 3 The Court of Appeals for the First Circuit reversed by a divided vote.
"This error falls within the category of rare cases where a single error in an otherwise competent defense is so egregious and prejudicial that it deprived defendant of a fair trial," Justice Marvin wrote.
"But today's news cycle has brought allegations about General Flynn, ranging from kidnapping to bribery, that are so outrageous and prejudicial that we are making an exception to our usual rule: they are false," they said in a statement.
