State v. Foster

I write s*éparately to distance myself from the majority’s conclusion that the State’s comments during closing argument arising from Foster’s cross-examination of Detective Lee amounted to prosecutorial misconduct.

*213The prosecutor’s remarks were fair comment. Foster opened the door on cross-examination. For continuity, I repeat Lee’s cross-examination by Foster’s counsel:

"Q. The defendant waived all his rights?

“A. Yes, sir, he did.

“Q. I think at the time the defendant mentioned that he had an attorney, is that correct?

“A. Yes. He advised he had contacted an attorney, but he would go ahead and…