State v. Shoemaker

PARKER, Judge.

In his first assignment of error, defendant argues that the trial court erred in failing to declare a mistrial, on its own motion, after improper and prejudicial remarks by the prosecutor. During the trial, the prosecutor made attempts to link defendant and his attorneys with illegal gambling which had been taking place at the scene of the shootings by use of a video poker machine. The prosecutor, at various times, referred to one of defendant’s attorneys as “that video lawyer.” Also, during the direct examination of defendant by his attorneys, the prosecutor interrupted more…