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Lancaster v. State3/28/2002
he appellant's exercise of his right to silence and were not, therefore, prosecutorial misconduct. Rather, the officer's testimony merely described his contact with the appellant and the appellant's conduct and demeanor during that contact.
[ ] The prosecutor questioned Hanson and his doctor about the long-term effects of scarring from Hanson's wounds, and he also asked Hanson about the emotional effects of the attack. The extent of the scarring is related to the extent of the wounds and is, therefore, relevant to the issue of an attempt to kill. Testimony about the emotional impact on Hanson was not relevant. Introduction of this evidence was not prosecutorial misconduct, however, because there is no reasonable possibility that the verdict would have been different absent the evidence.
[ ] The prosecutor asked Hanson two rather innocuous questions as to whether Hanson believed the appellant's "stories" about being in the armed forces and making one of the knives he was showing Hanson and Penn. It was improper for the prosecutor to ask these questions, because the information was irrelevant and because the questions tended to seek an opinion as to the appellant's veracity. Nevertheless, the error was harmless, given that there is no reasonable possibility that these two brief answers resulted in a verdict that would have otherwise been more favorable to the appellant.
[ ] Trial counsel's failure or decision not to move to suppress the evidence obtained after the appellant was placed in the patrol car cannot be categorized as ineffective assistance of counsel. Under the totality of the circumstances, the officer's conduct was reasonable throughout his encounter with the appellant, and such a motion would not have been granted.
[ ] Affirmed.
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