Prosecutor's Improper Closing Invalidates Sexual Assault Conviction... 28 Years Later!
"Reviewing this closing, even twenty-five years later and on the cold record, leaves us with no doubt of its power," said Judge Julius Richardson. "For the same reason it was powerful, it was highly improper."
September 09, 2021 at 10:33 AM
4 minute read
Cases and CourtsThe original version of this story was published on Law.com
A professor and and students from the Wake Forest University Law School Appellate Advocacy Clinic have won the reversal of a sexual assault conviction from 1993 based on statements the prosecutor made during his closing argument.
"The prosecutor warned the jury of the existence of 'trickster lovers' who disguise themselves to 'your sons and daughters' as well-intentioned individuals, but have a 'sweet tooth … for masochistic, sadomasochistic horror,'" said Judge Julius Richardson of the U.S. Court of Appeals for the Fourth Circuit, joined by Judges Paul Niemeyer and James Wynn, in an amended opinion released Tuesday.
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