State v. Carey
Annotate this CaseAfter a jury trial, Defendant was convicted of unlawful sexual contact and unlawful sexual touching. This was the third trial held after two mistrials in this case. The Supreme Court affirmed, holding that the trial court did not err in (1) delcaring a mistrial at the second trial; (2) denying Defendant's motion for a new trial filed after the third trial on grounds of prosecutorial misconduct in the prosecutor's gestures during the third trial, which Defendant claimed telegraphed the prosecutor's personal opinion or witness credibility; and (3) failing to limit, on its own initiative, alleged misstatements of law and fact that the prosecutor made in closing argument and in rebuttal at the third trial.
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