State v. Lee

AMUNDSON, Justice

(concurring in part, dissenting in part).

[¶ 43.] I concur in issues one and two, but dissent on issue three (c, d, and f) regarding prosecutorial misconduct. I dissent for the same reasons as expressed in my dissent in State v. Smith, 1999 SD 83, 599 N.W.2d 344. Once again, I cannot agree with this “ritualistic verbal spanking” of the trial court sustaining objections after the bell was already rung by wholly inappropriate conduct of the prosecution. See United States v. Antonelli Fireworks Co., 155 F.2d 631, 661 (2d Cir.1946). I would reverse and remand for a trial without such objectionable misconduct and use of objectionable slides.