State of Minnesota v. Akim Malik Webster

Syllabus

Akim Webster slammed his girlfriend's head into a metal object, leaving her unconscious and needing stitches. The prosecutor in Webster's third-degree assault trial invited the jury to speculate why the girlfriend did not testify, suggesting possibly love or fear or loyalty as options. Appealing from his conviction, Webster argues that the evidence was insufficient to prove that his girlfriend suffered substantial bodily harm and that the prosecutor's suggestive argument constitutes misconduct. Because the loss of consciousness and laceration to the head satisfy the substantial-bodily-harm element, and because the prosecutor's misconduct could not have affected the verdict and was therefore harmless beyond a reasonable doubt, we affirm.