Washington v. Walker (Majority and Concurrence)
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Odies Walker was convicted as an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy. The issue this case presented for the Supreme Court's review centered on whether those convictions should have been reversed in light of a Power Point presentation the prosecuting attorney used during closing argument. That presentation repeatedly expressed the prosecutor's
personal opinion on guilt (over 100 of its approximately 250 slides were headed with the words "DEFENDANT WALKER GUILTY OF PREMEDITATED
MURDER," and one slide showed Walker's booking photograph altered with the words "GUILTY BEYOND A REASONABLE DOUBT," which were
superimposed over his face in bold red letters). The prosecutor also appealed to passion and prejudice by juxtaposing photographs of the victim with photographs of Walker and his family, some altered with the addition of inflammatory captions and superimposed text. While the prosecutor was entitled to draw the jury's attention to admitted evidence, those slides, as presented, served no legitimate purpose. "Their prejudicial effect could not have been cured by a timely objection, and we cannot conclude with any confidence that Walker's convictions were the result of a fair trial." The Court reversed Walker's convictions and remanded for a new trial.
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