Thanksgiving reference

November 22, 2012

  • 110 CRIMINAL LAW
  • 110XXXI Counsel
  • 110XXXI(F) Arguments and Statements by Counsel
  • 110k2076 Statements as to Facts and Arguments
  • 110k2082 k. Religious appeals.

110 CRIMINAL LAWProsecutor’s reference to “a day that we should be giving thanks for God’s bountiful blessings” merely described the day the murders occurred, Thanksgiving, and therefore did not constitute prosecutorial misconduct in murder prosecution; prosecutor’s comment was isolated, and it did not urge the jury to abandon its duty to follow the law and did not intimate to the jury that the Bible commanded that defendant be put to death.
Mitchell v. State, 84 So. 3d 968 (Ala. Crim. App. 2010)