People v. Moye

OPINION OF THE COURT

Catterson, J.

In this case, we vacate a conviction and remand for a new trial because the prosecutor’s conduct at trial amounted to an egregious violation of the unsworn witness rule. The form and substance of the prosecutor’s summation whereby he injected himself, his pretrial conduct and his credibility into the proceedings were highly prejudicial to the defendant, and constituted prosecutorial misconduct that the trial judge impermissibly allowed over objection. We do not agree with the dissent’s viewpoint, characterizing the People’s summation as a “vigorous” response…