State v. Pasene

The Supreme Court vacated Defendant's convictions and remanded this case to the circuit court for further proceedings, holding that multiple instances of improper prosecutorial conduct cumulatively jeopardized Defendant's right to a fair trial. Defendant was convicted of murder in the second degree and carrying or use of a firearm in the commission of a separate felony. The intermediate court of appeals (ICA) affirmed. Defendant appealed, arguing, among other things, that the circuit court erred in denying his motions for mistrial and motion for a new trial due to prosecutorial misconduct. The Supreme Court agreed, holding that the cumulative effect of the prosecutor's improper conduct was so prejudicial as to jeopardize Defendant's right a fair trial. View "State v. Pasene" on Justia Law