State v. Felix R.

Summary

The concurrence agreed with the result reversing the Appellate Court's judgment, but disagreed with the majority's treatment of the prosecutor's closing argument. It concluded that the prosecutor's remarks were improper and egregious, yet did not deprive the defendant of a fair trial because the evidence of guilt was strong. The concurrence also argued that ambiguity should be assessed based on the likely effect on the jury and should bear on the due-process-prejudice inquiry rather than automatically defeating a finding of impropriety.