State v. Stull
Court of Appeals of Oregon
1Opinion of the CourtJames, J.
*437Defendant appeals a judgment of conviction for attempted assault on a public safety officer, resisting arrest, and second-degree criminal mischief, raising nine related assignments of error, all alleging that statements made by the prosecutor during closing argument that commented on defendant's courtroom behavior were improper. Defendant argues that the trial court abused its discretion by failing to strike the comments from the jury's consideration. We agree, and, concluding that the failure to strike was not harmless, accordingly reverse and remand.
Defendant's prosecution arose from an…
2Cases cited20 opinions
- State v. DavisOregon Supreme Court · 2003
- State v. WyattOregon Supreme Court · 2000
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- State v. MayfieldOregon Supreme Court · 1987
- United States v. Anthony F. WrightCourt of Appeals for the D.C. Circuit · 1973
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