Criminal Procedure keyed to Kamisar
Darden v. Wainwright
Facts
Petitioner took a female store-owner, at gunpoint, and forced her to give him all of the money in her till. After, when her husband entered the store, Darden killed him and then proceeded to make the woman perform oral sex on him. When a neighbor tried to come in to help, Darden shot him three times and then took off. His car was found a few miles away, and he was arrested on the following day. At trial of the matter, the case was brought against defendant, and in its closing arguments Defense made very strong claims about the prosecution’s lack of evidence. In its closing argument, the prosecution went on to address the defense’ accusations and then went on to strongly urge the jury as to its own case. Defense was afforded an opportunity to rebut; however, the defendant was still convicted and sentenced to death. Defense brought appeal based on the harsh nature of the prosecution’s closing argument.
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