State v. McElroy

*392Dissenting Opinion by

NAKAMURA, J.

I agree with the majority’s distinction between prosecutorial misconduct and prosecu-torial error. Trial lawyers are required to make countless judgment calls under the stress and pressure of trial. A judgment call that we later determine on appeal to have been made in error should not be labeled “misconduct” simply because it was made by a prosecutor.1 Instead, as this opinion properly recognizes, the label of “prosecutorial misconduct,” with its attendant disciplinary repercussions, should be limited to dishonest and deceitful acts made in bad faith.

I also…