About a month ago, the Washington Supreme Court issued an interesting opinion holding that a prosecutor engaged in prejudicial misconduct requiring a
new trial when he used a PowerPoint slide show during closing argument
that featured highly inflammatory photos captioned with his own
commentary and opinion, including several slides of the defendant with
the word “guilty”
superimposed across his face. The case is called In re Glasmann. Writing for the 5-4 majority, Chief Justice
Barbara A. Madsen labeled the prosecutor's misconduct “flagrant and ill
intentioned”
and concluded that it so permeated the state's closing and tainted the
case that the error could not have been cured by an instruction to the
jury.
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