State v. Sullivan

Summary

The court held that the prosecutor’s rebuttal argument was improper because it used inflammatory language, mischaracterized the defendant’s credibility-based defense, distorted the state’s burden of proof, and introduced defense theories unrelated to the evidence. Applying the totality-of-the-circumstances approach for prosecutorial misconduct, the court nevertheless concluded that the isolated remarks did not deprive the defendant of a fair trial, given the lack of objection, the absence of curative-request measures, and the strength of the corroborating evidence. The court therefore affirmed the judgment affirming the defendant’s convictions.