Osterling v. State
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The Supreme Court affirmed Defendant’s conviction of delivery of a controlled substance, methamphetamine, holding that Defendant was not denied his right to a fair trial due to prosecutorial misconduct.
On appeal, Defendant argued that his right to a fair trial was violated and he was materially prejudiced because the prosecutor committed impermissible misconduct during closing argument by misquoting certain testimony and by attributing a statement to a witness that had not been introduced at trial. The Supreme Court disagreed, holding that there was no reasonable probability that the outcome of the trial would have been different absent the prosecutor’s statements challenged on appeal.
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