State v. Tupis

WALTERS, Chief Judge.

A jury found Donald Tupis guilty of aggravated driving while under the influence of alcohol. The district court entered a judgment of conviction and committed Tu-pis to the custody of the state board of correction for an indeterminate period not to exceed three years. On appeal, Tupis raises three issues: (1) Should the court have granted a mistrial due to belated disclosure of exculpatory evidence? (2) Was the prosecutor’s closing argument at trial so inflammatory and inaccurate as to deny Tupis a fair trial? (3) Did the court err by including a jury instruction…