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Prosecutor Misconduct

Posted by Lisa Fine Moses | Oct 29, 2021 | 0 Comments

 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!

About the Author

Lisa Fine Moses

PARTNER Lisa Fine Moses has dedicated her career to aggressively and passionately representing those facing criminal charges. She started her legal career as a Colorado State Public Defender and then continued her work in criminal defense in private practice.

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