Opinion

State v. Cantlebarry

  • 69 Ohio App. 3d 216
  • 590 N.E.2d 342
  • 1990 Ohio App. LEXIS 3811
Court
Ohio Court of Appeals
Filed
Aug 28, 1990
Status
Published
Author
Young
On the bench
Reilly, Young, Koehler, Twelfth
Cited by
11 cases
Authority
More cited than 42.9%

The opinion

John C. Young, Judge,

concurring in part and dissenting in part.

Although I concur in the court’s disposition of the first and second assignments of error, I must respectfully dissent from the court’s finding in the third assignment of error that the prosecutor’s improper remarks in rebuttal closing argument prejudicially affected defendant’s substantial rights.

Prosecutors are granted wide latitude in closing argument and the effect of any prosecutorial misconduct must be considered in light of the whole case.

State v. Maurer

(1984), 15 Ohio St.3d 239 , 15 OBR 379, 473 N.E.2d 768 . Upon review of the record, I find that, although the prosecutor’s remarks were improper, I do not consider the remarks, standing alone, to have prejudiced defendant or the have risen to the level of plain error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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