Hembree v. State
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The Supreme Court affirmed Defendant's conviction on one count each of stalking in violation of a protective order and criminal entry, holding that the prosecutor did not make improper comments in closing argument and that the district court did not plainly err in defining "spying distance."
On appeal, Defendant argued that the prosecutor committed prosecutorial misconduct in closing by commenting on Defendant's silence and that the district court erred in allowing the State's witness to discuss "spying distance," a term not referenced in the stalking statute. The Supreme Court affirmed but remanded the case for correction of the date in the judgment and sentence, holding (1) Defendant failed to establish plain error as to his first two arguments on appeal; and (2) the district court did not plainly err when it allowed the State's witness to testify regarding his understanding of the definition of "spying distance."
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