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.