CASE LAW UPDATE: Whether the prosecutor committed misconduct in closing arguments in misstating burden of proof?
Defendant was convicted of first degree criminal sexual conduct. At trial, a witness’ testimony provided direct evidence of the offense. Defendant appealed. On appeal, defendant argued that the prosecutor committed misconduct during closing argument by misstating the burden of proof, and, standard of proof. During closing argument, the prosecutor stated that the testimony of a single witness was sufficient to establish the elements of the offense. The prosecutor did not mention the standard of proof. The Minnesota Court of Appeals held that the prosecutor’s failure to mention to the standard of proof was not plain error. Affirmed.
State v. Luten, A19-0726, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.