DENNIS MILLER CAN REST EASY: Sometimes, even when I'm working, I find stuff worthy of blogging about. I was doing research about closing arguments today, and came across Lamborn v. Dittmer, 688 F.Supp. 113 (S.D.N.Y. 1988). In Lamborn, the Court held that "Surely the use of sarcasm by counsel in argument is not barred." However, not all sarcasm in court is acceptable. In United States v. Burns, 104 F.3d 529 (2d Cir. 1997), the prosecutor actually stood up and sarcastically applauded at the close of defendant's counsel's closing argument. All parties eventually agreed that this conduct was inappropriate, but the Second Circuit held that it did not constitute reversible prosecutorial misconduct.
God bless my free federal caselaw access.