State v. Erickson
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The Supreme Court affirmed Defendant's conviction for assault on a peace officer, holding that the district court did not err by denying Defendant's motion for mistrial based upon a prosecutor's comment made during opening statement and a prosecution witness's remark about Defendant's prior prison incarceration.
On appeal, Defendant argued that the district court erred in denying his motion for mistrial based on two alleged incidents of prosecutorial misconduct. The Supreme Court affirmed the conviction, holding (1) the prosecutor's improper actions in this case did not prejudicially affect Defendant's right to a fair and impartial trial; and (2) therefore, the district court did not abuse its discretion in denying Defendant's motion for mistrial.
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