Case Detail
CitationState v. Ball, 675 N.W.2d 192 (S.D. 2004)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2001
BodySupreme court
OpinionDefendant was convicted by a jury in the Circuit Court of the Seventh Judicial Circuit in South Dakota of two counts of rape. The South Dakota Supreme Court held that the prosecutor's multiple closing argument comments that defendant “knows” what happened, along with the prosecutor's rhetorical question to the jury and comment that defendant was not telling the jury what happened, constituted an improper comment on defendant's constitutional right to remain silent and warranted a new trial. "Because the prosecutor made many such present tense comments, coupled with a rhetorical question to the jury and the specific comment that Ball was not telling 'us' (the jury) what happened, the mistrial motion must be granted."
Determination Year2004
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
Sanction TypeUKN
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