State v. Frost

¶ 1 The Sixth Amendment provides, in relevant part, “In all criminal prosecutions, the accused shall enjoy the right... to have the assistance of counsel for his defense.”1 This right to counsel encompasses the delivery of closing argument.2 Although trial courts possess discretion over the scope of closing argument, a limitation that goes too far may infringe upon a defendant’s Sixth Amendment right to counsel. When a court’s limitation of argument relates to a fact necessary to support a conviction, the defendant’s due process rights may also be implicated. Such constitutional infringements…