holding that "allegations of prosecutorial misconduct do not warrant reversal of a conviction unless the cumulative effect was such to deprive the defendant of a fair trial"
How later courts described this case
- holding that "allegations of prosecutorial misconduct do not warrant reversal of a conviction unless the cumulative effect was such to deprive the defendant of a fair trial"
- listing “requirements” of avoid arrest aggravator as “(a) a predicate crime existed, apart from the murder, from which the defendant sought to avoid arrest/prosecution; and (b) the State presented evidence establishing the defendant’s intent to kill in order to avoid arrest/prosecution”
- reaffirming Mun-son and holding that where separate verdict forms show jury finds both malice and felony murder, verdict will be interpreted as malice murder and underlying felonies may stand
- noting that the defendant "must make a showing of need and show that he will be prejudiced by the lack of expert assistance"
Written by the judges who cited it.
The opinion
LILE, J.:
specially concurs.
¶ 1 I concur in the opinion. However, I believe that Exhibit No. 115 was properly admitted. This photo showed the extent of the cranial fracture and its probative value outweighs any unfair prejudice.