Hughes v. State · 437 A.2d 559

holding that it was improper for prosecutor to label defendant’s “pre-trial out-of-court statements as ‘lies,’ " and that such characterizations must not be made unless "(a) that is a legitimate inference which may be drawn from the evidence, and (b) the prosecutor relates his argument to specific evidence which tends to show that the testimony or statement is a lie.”

How later courts described this case

holding that it was improper for prosecutor to label defendant’s “pre-trial out-of-court statements as ‘lies,’ " and that such characterizations must not be made unless "(a) that is a legitimate inference which may be drawn from the evidence, and (b) the prosecutor relates his argument to specific evidence which tends to show that the testimony or statement is a lie.”
holding that extent of prejudice is assessed by considering the centrality of the issue affected by the alleged error, the closeness of the case, and the steps taken to mitigate the effects of the alleged errors
concluding that the 4 prosecution’s comments on the defendant’s courtroom demeanor were improper, 5 explaining that they are “irrelevant” and “pregnant with potential prejudice”
determining whether improper prosecutorial remarks require reversal, considering the centrality of the issue affected by the alleged error, the closeness of the case, and the steps taken to mitigate the effect of alleged error

Written by the judges who cited it.

The opinion

McNEILLY, Justice

(concurring):

Although my overview of the blood and lies issues differs from that of the majority, I find the prosecutor’s rebuttal summation to the jury on the blood issue troublesome and not unlikely to have caused prejudice to the defendant. I also agree that the comments by the prosecutor about defendant’s courtroom demeanor were improper, as was the prosecutorial characterization of the two year investigation prior to defendant’s arrest. Therefore, I am impelled to agree that the cumulative effect of the prosecution’s conduct calls for a speedy retrial. I concur in that result.