Prosecutor Misconduct

In this case, the trial court’s judgment was both partially affirmed
and partially reversed. The defendant was originally indicted for one
burglary count and two counts of theft, a second degree felony, a fourth
degree felony and a fifth degree felony, respectively. The items allegedly
stolen were valued at over $2,000. An officer confirmed that the fingerprints
collected at the scene of the crime matched the defendant’s fingerprints.
The trial court denied the defendant’s motion for mistrial and motion
for acquittal.

The defendant appealed on six assignments of trial court errors: 1) Prosecutor
engaged in misconduct by arguing the defendant was required to update
his notice of alibi, 2) Trial court failed to hold an evidentiary hearing,
3) Trial court failed to give requested jury instruction and failed to
grant motion for mistrial, 4) Trial court failed to give jury instruction
regarding inferences, 5) Trial court denied motion for mistrial and failed
to disclose several potential witnesses, and 6) Cumulative trial court
errors deprived defendant-appellant of a fair trial. In convictions of,
inter alia, burglary, prosecutor’s comment regarding the date the
notice of alibi was filed did not prejudicially affect defendant’s
substantial rights in the context of the entire trial and in light of
the instruction given by the trial court.