State v. Favel
Annotate this CaseAfter a jury trial, Defendant was found guilty of felony driving under the influence of alcohol (DUI). Defendant appealed, contending that the prosecution’s comments suggesting that she could have proven her innocence by providing a breath test to law enforcement constituted prosecutorial misconduct and impermissibly asserted that Defendant was responsible for establishing her innocence, thereby denying Defendant her due process right to a fair and impartial trial. The Supreme Court affirmed, holding (1) Defendant did not properly preserve her allegations of prosecutorial misconduct for appeal; and (2) the prosecutor’s remarks were improper but did not rise to a level sufficient to find plain error.
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