State v. Pinkard

KITTREDGE, J.:

In this criminal appeal, we are asked to decide whether a defendant forfeits his right to make the final closing argument to the jury when he offers only non-testimonial evidence. Brandon Pinkard was convicted of voluntary manslaughter. On appeal, Pinkard claims error in the trial court’s ruling that his proposed display of a tattoo to the jury would constitute evidence, thereby depriving him of the right to make the last argument. We affirm and hold the presentation of any evidence by a defendant — whether characterized as testimonial or non-testimonial — forfeits his right to…