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Failure to preserve objections for record can cost client important rights on appeal
January 07, 2009
Topic: Criminal
An Illinois man was convicted of Murder in the 1st Degree. He was charged with shooting a Bay County Police officer point blank during a traffic stop to avoid going back to jail. During the closing arguments, the prosecution made comments that could be seen to stretch the rules regarding closing arguments.
The prosecutor made comments that suggested that he was "representing the community" and that the defendant was "evil". The appeals court found that these statements did not rise to the level of a fundamental error in that the first statement only indicated who he was acting on behalf and did not convey a wrongful message to the community. The statement that the defendant was "evil" was not seen as a fundamental error either. The court held that the "evil" statement represented how the defendant looked when he shot the sheriff and not the defendant himself. The defendant's attorney should have objected to the comments in order to preserve them on appeal but neither of the comments made rose to the level of a fundamental error. If the appeals court had found that there was a fundamental error, the defendant would be given another trial.
This ruling is important because it illustrates the need for a competent defense attorney. Mastery in the rules of criminal procedure and evidence are essential in handling a defendant's case. Please contact us for any criminal defense needs.
