State v. Lovejoy

After a jury trial, Defendant was convicted of two counts of gross sexual assault and suspended to twenty years imprisonment. On appeal, Defendant argued that the evidence was insufficient to sustain his convictions, that the prosecutor engaged in impermissible misconduct, and the trial court erred in determining his sentence. The Supreme Court vacated the judgments of conviction, holding (1) the prosecutor violated the state and federal Constitutions by eliciting testimony that Defendant did not return phone calls from police and by arguing to the jury that Defendant’s pre-arrest silence demonstrated consciousness of guilt, and the error seriously affected the fairness and integrity of the judicial proceedings; and (2) the prosecutor committed misconduct by vouching for witness credibility even after the court determined that the statements were impermissible, and the error was not harmless. View "State v. Lovejoy" on Justia Law