Legal Opinion · Dissent

State v. Severson

Idaho Supreme Court

Decided May 29, 2009No. 32128Published

1DissentJustice W. Jones

I respectfully dissent as follows:

I disagree with the majority’s analysis on whether the numerous and substantial errors committed during trial require reversal pursuant to the cumulative error doctrine; therefore, I respectfully dissent in the conclusion of that section and the result. Further, I dissent from the majority’s classification of the prosecutor’s misconduct during closing arguments as not constituting fundamental error. I find the prosecutor’s conduct relentless and a blatant abuse of power; time and time again the prosecutor continued to engage in a pattern of conduct which…

2Cases cited26 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. State v. SheahanIdaho Supreme Court · 2003
  3. State v. FieldIdaho Supreme Court · 2007
  4. State v. LePageIdaho Supreme Court · 1981
  5. State v. GriffithsIdaho Supreme Court · 1980

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