Legal Opinion
State v. Phillips
Idaho Court of Appeals
Decided March 9, 2007No. 31872PublishedCited by 84 opinions
1Opinion of the Court
LANSING, Judge.
Derek Evan Phillips appeals from his conviction for aggravated assault. He contends that prosecutorial misconduct during closing argument deprived him of a fair trial. We reverse the judgment and remand for further proceedings.
I
BACKGROUND
Phillips was charged with aggravated assault, Idaho Code §§ 18-905,18-901. It was alleged that he attempted to or threatened to injure Tara Woolsey with a pickax. Phillips’ first trial ended in a hung jury, and the matter proceeded to a second trial. The following evidence was adduced.
In the spring of 2004, Phillips was hosting a late-night…
2Cases cited36 opinions
- United States v. YoungSupreme Court of the United States · 1985
- Darden v. WainwrightSupreme Court of the United States · 1986
- Herring v. New YorkSupreme Court of the United States · 1975
- State v. SheahanIdaho Supreme Court · 2003
- United States v. Antonelli Fireworks Co.Court of Appeals for the Second Circuit · 1946
31 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- State v. SeversonIdaho Supreme Court · 2009
- State v. HerreraIdaho Supreme Court · 2018
- State v. AdamcikIdaho Supreme Court · 2012
- State v. Azad Haji AbdullahIdaho Supreme Court · 2015
- State v. GarciaIdaho Supreme Court · 2020
79 more not listed; retrieve them via the Exa API.