Brinson v. State

Andre P. Brinson appeals the judgment and sentence adjudicating him guilty of felony battery after a jury trial. Because we find that the cumulative effect of the State’s improper comments in both its opening statement and closing argument deprived Brinson of a fair trial, we reverse and remand for a new trial.

At the time of the incident, Brinson and the alleged victim, Shelby Graham, were living in the same apartment and were romantically involved. Graham was the State’s key witness at trial. There, she testified that Brinson “came in behind me and grabbed me by my hair and drug me through…