State v. White
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The Supreme Judicial Court vacated the judgment of conviction of attempted murder and other offenses entered by the trial court, holding that multiple acts of prosecutorial error occurred in this case, requiring remand for a new trial.
A jury found Defendant guilty of attempted murder, elevated aggravated assault, robbery, and reckless conduct with a dangerous weapon. On appeal, Defendant principally argued that the trial court erred in denying his repeated motions for a mistrial based on allegedly improper comments made during the prosecution's opening statement, closing statement, and rebuttal. The Supreme Judicial Court agreed and remanded the case for a new trial, holding (1) the State committed error in its opening statement and closing argument; and (2) because Defendant's substantial rights were impaired, under Me. Const. art. I, 6 and 6-A and this Court's supervisory power, the appropriate remedy in this case was a new trial.
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