State v. Holmsley

The Supreme Court reversed the judgment of the trial court convicting Defendant of sodomy in the first degree and attempted sodomy in the first degree, holding that the trial court abused its discretion by failing to give a curative instruction following the State’s improper argument regarding the definition of deviate sexual intercourse.On appeal, Defendant argued, among other things, that the trial court abused its discretion by failing to issue a curative instruction after the State improperly argued during closing argument that there was more to the definition of “deviate sexual intercourse” than submitted in the jury instructions. The Supreme Court agreed and reversed the judgment, holding that the State’s improper closing argument was prejudicial, and the trial court abused its discretion by failing to correct the the argument under the facts and circumstances of this case. View "State v. Holmsley" on Justia Law