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prosecutorial misconduct Archives

"Leprechauns and Fairy God Mothers" Not Prosecutorial Misconduct

Prosecutorial misconduct may occur where a prosecutor in a criminal case makes in an inappropriate argument or improper comments during the opening or closing statements of a trial. Generally, a prosecutor must stick to the facts presented at trial and the question of guilt, and avoid arguments or statements meant to inflame passions or prejudices. In the recent case of State v. Smith, M2013-00733-CCA-R3-CD (Tenn.Crim.App. 2-25-2014), the Tennessee Court of Criminal Appeals rejected a defendant's contention that it was prosecutorial misconduct for the prosecutor, during closing argument, to compare the defense theory to "Leprechauns and Fairy God Mothers."

"Leprechauns and Fairy God Mothers" Not Prosecutorial Misconduct

Prosecutorial misconduct may occur where a prosecutor in a criminal case makes in an inappropriate argument or improper comments during the opening or closing statements of a trial. Generally, a prosecutor must stick to the facts presented at trial and the question of guilt, and avoid arguments or statements meant to inflame passions or prejudices. In the recent case of State v. Smith, M2013-00733-CCA-R3-CD (Tenn.Crim.App. 2-25-2014), the Tennessee Court of Criminal Appeals rejected a defendant's contention that it was prosecutorial misconduct for the prosecutor, during closing argument, to compare the defense theory to "Leprechauns and Fairy God Mothers."

"Leprechauns and Fairy God Mothers" Not Prosecutorial Misconduct

Prosecutorial misconduct may occur where a prosecutor in a criminal case makes in an inappropriate argument or improper comments during the opening or closing statements of a trial. Generally, a prosecutor must stick to the facts presented at trial and the question of guilt, and avoid arguments or statements meant to inflame passions or prejudices. In the recent case of State v. Smith, M2013-00733-CCA-R3-CD (Tenn.Crim.App. 2-25-2014), the Tennessee Court of Criminal Appeals rejected a defendant's contention that it was prosecutorial misconduct for the prosecutor, during closing argument, to compare the defense theory to "Leprechauns and Fairy God Mothers."

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