Agnew v. State

OPINION

SULLIVAN, Judge.

Martan Sherard Agnew (Agnew) appeals his conviction of rape, a class B felony. 1 Agnew presents two issues for our review:

1. Whether the behavior of the state’s key witness during and after a taped replay of Agnew’s testimony interfered with his right to a fair trial.

2. Whether the prosecutor impermissibly shifted the burden of proof to Agnew by stating during closing argument, “if you believe he’s guilty, he’s guilty.”

We affirm.

Agnew and M.R. were students at Purdue University. The two became acquainted when Agnew began dating one of M.R.’s roommates. On the evening of…