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Frazier v. State

Defendant waived his argument regarding the prosecutor's improper closing comment on his failure to contact police because defendant did not object to the comment at trial.

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Terrance Frazier was indicted for murder, felony murder and aggravated assault in connection with the shooting death of his cousin, Ondra Keller. A jury found him guilty of involuntary manslaughter as a lesser included offense of felony murder, and not guilty of murder and aggravated assault. On appeal, he argues that the trial court erred in not granting a mistrial when the prosecutor questioned him about and commented upon his failure to voluntarily go to police after the shooting. Although the prosecutor acted improperly, we hold that the trial court did not abuse its discretion in refusing to grant a mistrial.

Construed to support the verdict, the evidence shows that Frazier and his niece were visiting Frazier’s mother when an argument broke out between Keller’s boyfriend, who lived in the adjoining apartment, and Frazier’s niece. The boyfriend, Vincent Johnson, hit Frazier’s niece with a wooden board, and Frazier intervened. Johnson argued with Frazier and struck him with the board. Frazier’s mother broke up the fight, and the men returned to their homes.

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