Category Archives: Prosecutorial Misconduct
Washington v. State: Kidnapping, Armed Robbery Conviction Reversed for Improper Closing Argument by Prosecutor
In Washington v. State, the SC Court of Appeals reversed convictions for kidnapping, armed robbery, and possession of a weapon during the commission of a violent crime based on the prosecutor's improper closing argument. “Who among us is safe?” When a prosecutor is permitted to…
Can You Appeal a Conviction Twice?
You can appeal a conviction twice – if you have been convicted, successful on appeal, retried, and convicted again, you can file a second appeal based on errors made in the second trial or you can file a PCR action based on mistakes made by…
Prosecutorial misconduct in closing arguments: how far is too far?
How far is too far when a prosecutor makes inflammatory statements in their closing arguments to jurors? Is it prosecutorial misconduct? Is it ever okay for a prosecutor to purposely inflame the passions and prejudices of jurors? Do the ends justify the means when the…