# United States v. Phillip Brooks Barker

> Court of Appeals for the Sixth Circuit · June 1, 1977 · 553 F.2d 1013

URL: https://www.frixlaw.com/law-library/cases/9842920

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Phillip Brooks BARKER Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 1, 1977
- **Citations:** 553 F.2d 1013
- **Precedential status:** Published
- **Opinion:** Concurrence by Phillips
- **Judges:** Phillips, Edwards, McCree
- **Cited by:** 101 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9842920

## How later opinions describe it (automated extraction)

- finding reversible misconduct when prosecution argued that “if you can’t take this evidence and find these defendants guilty on this evidence that [sic] we might as well open all the banks and say, ‘Come on and get the money, boys, because we’ll never be able to convict them’”
- holding that it was improper for the prosecutor to tell the jury that if they acquit the defendant of bank robbery, that is like opening all the banks and saying, “Come on and get the money, boys, because we’ll never be able to convict them.”
- noting that expert need not have certificates of training nor memberships in professional organizations, nor be an outstanding practitioner in the field in which he professes expertise

## Opinion text

PHILLIPS, Chief Judge
(concurring in the result).
I agree that the convictions should be reversed and the case remanded for a new trial. Accordingly, I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9842920. Public record. Not legal advice.