Prosecutor misconduct cases

March 6, 2009
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For those current and aspiring prosecuting attorneys out there, read two of today’s Court of Appeals opinions to learn what not to do while at trial. The appellate court dealt with two cases of prosecutorial misconduct but found both were harmless enough not to warrant a reversal of convictions.

The cases are Artillius Washington v. State, out of Tippecanoe County, and Travis Johnson v. State , from St. Joseph County.

In Washington’s case, the Court of Appeals found the deputy prosecuting attorney’s remarks about defense counsel during closing to be clearly unprofessional and unacceptable, including the statement, “I could get just as improper and I get jury verdicts returned all the time on this very evidence. All the time. Guilty.”

The appellate court went on to chastise the attorney, saying upon reflection, the attorney should recognize that behavior has no place in the practice of law. But because Washington didn’t show how those comments had any likely effect on the jury that prejudiced him, he wasn’t denied a fair trial.

In Johnson’s case, the prosecutor committed misconduct by repeatedly referring to Johnson’s right to an attorney. The trial court even interrupted her closing arguments after she said “You need a lawyer when you know you’ve done something wrong.” As a result, the trial court admonished the jury saying the prosecutor’s comments can’t be considered in determining Johnson’s guilt. Because of the evidence of Johnson’s guilt and the admonishment, it was enough to make the error harmless, according to the Court of Appeals.

Any thoughts on these cases or any prosecutorial misconduct or missteps you’ve witnessed?
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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