State v. Muñiz

Prosecutorial misconduct occurs when statements divert the jury from deciding the case based on the evidence by introducing emotional or improper bias. State v. Chitwood, 370 Or 305, 518 P3d 903 (2022).

Defendant was convicted of second-degree murder and first-degree abuse of a corpse.  On appeal, Defendant asserted the court erred because it failed to address improper prosecutorial arguments that distorted the burden of proof and introduced emotional bias into the trial.  Defendant argued the cumulative effect of the prosecutor’s improper statements during closing arguments deprived him of a fair trial.  The State contended the prosecutor’s statements did not attempt to mislead or improperly sway the jury but rather were a rebuttal to the defense’s arguments.  Prosecutorial misconduct occurs when statements divert the jury from deciding the case based on the evidence by introducing emotional or improper bias. State v. Chitwood, 370 Or 305, 518 P3d 903 (2022).  Under Chitwood, the Court evaluates (1) if the prosecutor’s closing argument was improper, (2) if the argument was prejudicial and denied Defendant a fair trial, and (3) if the argument was improper and prejudicial, whether the Court should exercise discretion and correct the error. Id. The Court found the prosecutor’s statements, taken together, improperly appealed to emotion and misstated the burden of proof.  The Court held the cumulative effect of the prosecutor’s improper arguments denied Defendant a fair trial. REVERSED and REMANDED.