United States v. McBaine, No. 20-1395 (8th Cir. 2021)
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The Eighth Circuit affirmed defendant's conviction for possession of an unregistered destructive device. Defendant's convictions stemmed from an improvised explosive device that had exploded under defendant's ex-wife's car, damaging the car, the house where the ex-wife and their 13-year-old son was present, as well as a neighbor's house.
The court concluded that, even assuming the prosecutor's remarks regarding defendant's alibi defense were improper, the court cannot say that they prejudiced defendant's rights to obtaining a fair trial. In this case, the comments were brief and limited to the prosecutor's closing argument and the trial court properly instructed the jury on the presumption of innocence. Finally, the prosecutor's comments did not prejudice defendant where the government presented the jury with substantial evidence of defendant's guilt.
Court Description: [Per Curiam - Before Smith, Chief Judge, and Kelly and Erickson, Circuit Judges] Criminal case - Criminal law. Even assuming the prosecutor's comments concerning defendant's alibi defense were improper because they impermissibly shifted the burden of proof, the comments were brief and limited and did not prejudice defendant, especially in light of the instructions on burden of proof and the presumption of innocence and the substantial evidence of defendant's guilt.
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