State v. McSwine
Annotate this CaseDefendant was convicted of terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony. The court of appeals reversed, ruling that the State committed prosecutorial misconduct during closing arguments and that Defendant’s trial counsel was ineffective for failing to timely object to the prosecutor’s improper comments. The Supreme Court reversed, holding (1) the prosecutor’s statements, when considered in the context of all the trial proceedings, were not misconduct because they were not misleading and did not unduly influence the jury; and (2) because counsel cannot be deficient for failing to object to statements that were not misconduct, Defendant was not prejudiced by counsel’s performance.
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