Defense attorneys must be vigilant in seeing prosecutor misconduct, which happens too often. Recently the Court of Appeals reversed two different cases based upon prosecutor misconduct.
The Court of Appeals held that the prosecutors used “Stake-out questions” in jury selection – which were intended to create facts that precommited the jury to a guilty verdict once those facts were established. The Court of Appeals found that the prosecutor committed misconduct by indoctrinating the jurors. The conviction was reversed!
In another case, the Court of Appeals found the prosecutor made comments in closing argument. The prosecutor made an argument that the accused should have retreated in a self-defense claim. However, there is caselaw out there that says that a person does not have a duty to retreat. The conviction was reversed!!
The trial lawyers at LFM Defense are vigilant and fight for their clients and do everything that they can to make sure that the prosecutor does not get away with any type of misconduct!