Barela v. State

URBIGKIT, Justice,

specially concurring.

I specially concur by agreement that plain error was not presented in statements made in prosecutorial argument.

I write additionally to emphasize that counsel, not the judge, has first responsibility for deterrence of improper conduct of opposing counsel. It is the duty of the trial court to facilitate the orderly progress of the trial while maintaining the appearance of strict impartiality. United States v. Davis, 752 F.2d 963, 975 (5th Cir.1985). If objection is made, correction is immediately and more easily accomplished. Lindsey v. State, 725 P.2d…