State of Maine v. Victoria Scott

[¶52] I respectfully dissent because I believe that Scott was denied a fair trial due to the cumulative effect of inadmissible and prejudicial testimony of two witnesses and improper remarks made by the prosecutor during closing argument. Although each of these errors may be harmless when viewed in isolation, the errors, when considered in toto, require reversal of the conviction. See State v. Boyd , 401 A.2d 157, 161 (Me. 1979).

A. Inadmissible and Prejudicial Testimony

[¶53] There were two occasions during the trial when inadmissible and prejudicial testimony was presented to the jury.

1.…