State v. Pruitt

Green, J.:

Justin Pruitt was charged with attempted burglary and battery. A jury convicted Pruitt of attempted burglary but did not convict him of battery. On appeal, Pruitt contends that a violation of an order in Hmine by the prosecutor, a Doyle v. Ohio, 426 U.S. 610, 49 L. Ed. 2d 91, 96 S. Ct. 2240 (1976), violation, and an improper jury instruction denied him a fair trial. We agree. In the alternative, Pruitt asserts that the cumulative effect of errors committed during trial denied him a fair trial. We also agree. Accordingly, we reverse and remand for a new trial.

Andrew Surmeier, an…