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Keywords

defendantattorneyappealtrialprosecutordefense attorney

defendantappealtrialobjectionappellant

Related Cases

Gomez v. State, 704 S.W.2d 770

Facts

Gomez was convicted by a jury of attempted murder, with the punishment set at twenty years confinement. The Eastland Court of Appeals affirmed the conviction, but Gomez appealed, arguing that the prosecutor made improper statements during the final argument that prejudiced the jury against him. The prosecutor's comments included accusations against Gomez's attorney, suggesting unethical behavior and a motive to 'manufacture evidence.'

Appellant was convicted by a jury of the offense of attempted murder. Punishment was assessed at twenty years confinement in the Texas Department of Corrections.

Issue

Whether the prosecutor's improper statements during closing arguments constituted reversible error.

We granted review to determine appellant's contentions concerning 1) improper jury argument, and 2) introduction of prior acts of misconduct in the punishment stage.

Rule

Improper jury arguments that attack a defendant's attorney can be considered reversible error, especially if they are uninvited and unsubstantiated, and if the trial court's instruction to disregard does not cure the prejudice.

To protect defendants from this type of inflammatory argument, this Court has held such argument to be reversible error even if the trial court sustains an objection and instructs the jury to disregard the argument.

Analysis

The court analyzed the prosecutor's comments, determining that they were clearly improper and aimed at discrediting Gomez's defense by attacking his attorney. The court noted that such arguments are particularly harmful as they can lead the jury to believe that the defense attorney is acting unethically, which undermines the fairness of the trial. The court found that the trial court's instruction to disregard the comments was insufficient to mitigate the prejudice caused by the prosecutor's statements.

The argument in the instant case, like the one in Jones, supra, was not invited and was not supported by any evidence in the record. Therefore, the argument was clearly improper.

Conclusion

The Court of Criminal Appeals reversed the judgment of the lower courts and remanded the case for a new trial due to the prejudicial impact of the prosecutor's improper arguments.

The cumulative effect of the two arguments addressed ante was to deny the appellant a fair and impartial trial.

Who won?

Gomez prevailed in the case because the court found that the prosecutor's improper statements during closing arguments denied him a fair trial.

The Court of Appeals held that the State's remarks were clearly improper. However, that court also held that no reversible error resulted.

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People v. Hale, 2013 IL 113140, 996 N.E.2d 607, 374 Ill.Dec. 912

Hearn v. State, 3 So.3d 722

State v. Harvey, 151 N.J. 117, 699 A.2d 596

People v. Bolander, 23 Cal.App.4th 155, 28 Cal.Rptr.2d 365

Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378