State v. Marshall

The opinion of the court was delivered by

Luckert, J.:

John Steven Marshall was convicted by a juiy of burglary of a nonresidence, criminal damage to property, and obstruction of a legal duty. The strongest evidence against Marshall was an eyewitness’ identification of Marshall as the burglar. On appeal Marshall raises two issues related to the eyewitness’ identification.

First, Marshall argues the prosecutor committed misconduct during closing argument by vouching for the eyewitness’ credibility. In response, the State argues the prosecutor’s comments were in response to defense counsel’s…