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State v. Clark4/19/2004
utor's remarks and take into account defense counsel's opening salvo. Id. If a prosecutor's remarks were invited and did no more than respond substantially in order to right the scale, those comments do not warrant reversal of a conviction. Id.
[ ] In this case, the State should have objected to Clark's counsel's improper argument. We conclude, however, the prosecutor's argument was an invited response to Clark's counsel's improper argument and did no more than to respond substantially in order to right the scale. Although two wrongs do not make a right, see Evans, 1999 ND 70, 14, 593 N.W.2d 336, under these circumstances we conclude the prosecutor's argument was not obvious error.
III.
[ ] We affirm Clark's conviction.
[ ]Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
Kirk Smith, S.J.
Gerald W. VandeWalle, C.J.
[ ] The Honorable Kirk Smith, Surrogate Judge, sitting in place of Sandstrom, J., disqualified.
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