#LegalEthics Tidbit: Can a prosecutor tell the jury that the defendant is NOT presumed innocent?
No. During closing arguments, a MN prosecutor argued that the state had proved its case beyond a reasonable doubt, and therefore the defendant “no longer has that presumption of innocence.” Although the defendant did not object, he appealed and the MN Supreme Ct. ordered a new trial, holding that this prosecutorial error deprived the defendant of his right to a fair trial.
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