State v. Bazile

Citations

• 971 N.W.2d 884
• 2022 ND 59

Syllabus

In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor's actions were misconduct, then examines whether the misconduct had a prejudicial effect. A curative jury instruction generally removes prejudice caused my improper statements because the jury is presumed to follow a court's instruction. The North Dakota Rules of Criminal Procedure do not require a district court to state findings on the record when a motion is made during trial.