Mitchell v. State

Noah Mitchell appeals his conviction and sentence for one count of animal cruelty. We reverse because comments made by the prosecutor during closing arguments improperly shifted the burden of proof.

I

On October 3, 2010, following a long day of drinking while assisting with Mitchell’s move, Gary Pitterman, Mitchell, and another friend were eating steaks at Mitchell’s new house. Pitterman fed some steak from a plate to Mitchell’s dog. Mitchell, allegedly upset by this action, took the plate away from the dog and brought it into the kitchen. The dog snatched the steak and ran into another room.…