People v. Fluker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding reversible error where prosecutor’s remarks improperly directed jury’s attention from identification of shooter to disapproval of gangs
• “[T]he prosecutor [improperly] turned the jury’s attention away from the issues in an effort to turn the case into a referendum on attitudes toward gangs”
• without “pervasive misconduct of the prosecutor in rebuttal argument,” the jury may have reached different result, therefore remarks constituted material factor in conviction
• a shooting victim’s out-of-court identification of the defendant as the shooter, which was inconsistent with her trial testimony, was admissible as substantive evidence of defendant’s identity
• “[T]he prosecutor [improperly] turned the jury’s attention away from the issues in an effort to turn the case into a referendum on attitudes toward gangs”
• “[T]he prosecutor [improperly] turned the jury’s attention away from the issues in an effort to turn the case into a referendum on attitudes toward gangs”

Source: CourtListener parenthetical corpus (CC0).