Evans v. State

Ervin Evans appeals his judgment and sentence for attempted second degree murder. Evans argues that the prosecutor’s comments during closing implying tampering with a witness and the suborning of perjury by the defense, without any evidence whatsoever of any improper contact with the witness, warrants a new trial. We agree and reverse and remand for a new trial.

Evans was charged with stabbing Kenneth Rawls during a fight that involved Rawls, Evans and Evans’ brother Steve. At trial Rawls and his wife provided the following version of the events leading up to the attack. On the night before…