State v. McBride

The Supreme Court reversed Defendant's conviction for kidnapping, holding that prosecutorial error occurred when the prosecutor asserted that the alleged victim deserved consideration similar to the presumption of innocence constitutionally recognized for criminal defendants, and this error was not harmless.The court of appeals affirmed Defendant’s conviction and sentence, concluding that the prosecutor improperly commented on the victim’s credibility but that the error was harmless because there was overwhelming evidence against Defendant. The Supreme Court disagreed and remanded the case for further proceedings, holding that the State did not meet its burden of showing that there was no reasonable possibility that the prosecutor’s error contributed to the guilty verdict. View "State v. McBride" on Justia Law