 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Smith v. State12/22/2000
exceptional. The function of a prosecuting attorney and a witness should be disassociated. ... The tendency of a situation where a prosecutor in a criminal case becomes a witness for the government is to prevent somewhat that fair trial to which a defendant is entitled." Robinson v. United States, 32 F.2d 505, 510 (8th Cir. 1928).
Thus, it is best that, unless extraordinary circumstances are present, the trial court require the prosecutor-witness to relinquish his position as an assistant to the lead prosecutor. See also Newman v. Sigler, 421 F.2d at 1379 (" n our view, a safer course for the prosecutor to follow in situations such as this would be to limit his function to that of being a witness").
The appellant further asserts that, by the following comment in the prosecutor's initial guilt-phase closing argument, the prosecutor "sought to capitalize on the status of [the prosecution's] witnesses and to thoroughly blur the line between prosecutor and evidence-giver" (appellant's brief, p. 50): "If you believe your District Attorney and your Chief Assistant District Attorney and our investigator lied to you, then I encourage you to find him not guilty and let him go scot-free, if you believe that." (R. 1688.) The prosecutor made this statement in the context of the conflict between the testimony of Lavoris Smith and the testimony of Maxwell and of Jenkins. The appellant made no objection to this comment.
The credibility of witnesses is a proper subject for arguments to the jury. Price v. State, 725 So. 2d 1003, 1029 (Ala. Crim. App. 1997), aff'd, 725 So. 2d 1063 (Ala. 1998). The prosecutor's comment regarding the chief deputy was within the scope and limit of argument (although the better practice would have been to avoid referring to Maxwell as "your Chief Assistant District Attorney"). See, e.g., Stevens v. State, 506 So. 2d 373 (Ala. Crim. App. 1987) (the comment that the jury should find the defendant not guilty if the undercover agent, who had been employed with the State in this capacity and had "gone" to court for over nine years, lied in his testimony was a legitimate and reasonable inference from the evidence). The prosecutor was legitimately arguing to the jury the effect of Maxwell's testimony. Id.
However, the prosecutor did improperly comment on his own credibility and, in effect, give his personal opinion regarding the appellant's guilt.
"In Adams v. State, 280 Ala. 678, [680,] 198 So. 2d 255[, 257] (1967), our Supreme Court said:
"`... o place before the jury for consideration the lawyer's own character and credibility ... is no part of any judicial proceeding. The office of district attorney and counsel for the accused does not demand that the former's duty is to secure a conviction, and the latter's duty to obtain an acquittal; but, rather, the primary duty is to see that justice is done. See Canons 5 and 15 of American Canons of Professional Ethics. ...'" Moseley v. State, 448 So. 2d 450, 456 (Ala. Crim. App. 1984).
"When the prosecutor throws his own credibility onto the scales of decision, he tips the scales and changes the balance in an unlawful way." King v. State, 518 So. 2d 191, 196 (Ala. Crim. App. 1987). In Davis v. State, 494 So. 2d 851, 856-57 (Ala. Crim. App. 1986), the court reversed a conviction, in part, because of the following comment by the prosecutor:
"If you find this man not guilty, you're saying three things to me. ne, Amanda Trammell is a liar. She's either a robber or thief or she doesn't know what she's talking about. Two, ... Steve Robertson is a liar because he testified that this man told him that he robbed that Tenneco station, and this man says he did not tell him
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|