Prosecutorial Misconduct

I. THE PROSECUTION’S COMMENTS MADE DURING THE CLOSING ARGUMENT WERE NOT IMPROPER AND EVEN IF DECLARED SO, WERE NOT FLAGRANT AND DO NOT WARRANT REVERSAL SINCE THE EVIDENCE AGAINST THE DEFENDANT WAS STRONG, THE COMMENTS WERE ISOLATED, AND THE STATEMENTS DID NOT MISLEAD THE JURY OR PREJUDICE THE DEFENDANT.

In order for a court to hold that prosecutorial misconduct occurred in a trial, certain criteria must be met. First, the court will determine whether the remarks made by the prosecutor were improper. United States v. Carroll, 26 F.3d 1380 (6th Cir. 1994). If the court decides that the comments are improper, they must then determine if the comments are flagrant and warrant reversal. Courts employ four factors when determining flagrancy of the remarks. They consider the degree to which the subject comments would have the tendency to mislead the jury and to prejudice the accused. Next, they determine if the comments are isolated or extensive. Third, they decide whether the ...