State v. Fleming

Kennedy, A.C.J.

Dwight Fleming and Derek Lee appeal their convictions of second degree rape, contending that the prosecutor committed misconduct during closing arguments. Although none of the prosecutor’s arguments was objected to contemporaneously, we reverse and remand for a new trial because the prosecutor committed misconduct rising to the level of manifest constitutional error which we cannot conclude was harmless beyond a reasonable doubt, in light of the evidence at trial.

FACTS

On the evening of April 23, 1993, D.S., then 17 years old, went dancing with her friends Pam Spokus and Kelly…