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· 8/12/2011

State v. Ho K. Duong

Citations

  • 257 P.3d 309
  • 292 Kan. 824
  • 2011 Kan. LEXIS 259

How courts have described this case

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

  • holding prosecutor's remarks about defendant's failure to present evidence of misidentification were \mere comment on the weakness of [the defendant's] defense\
  • holding prosecutors arguments questioning defendant’s failure to present evidence of misidentification did not improperly shift burden of proof because prosecutor did not call upon defense to disprove crime’s occurrence but rather pointed out that evidence supporting defense theory was thin
  • “[I]n this case, we read the statements at issue as mere comment on the weakness of Duong’s defense.”
  • not improper commentary on credibility to identify specific evidence supporting wholly-evidence-based argument victim's testimony was more believable than defendant's
  • not improper commentary on credibility to identify specific evidence supporting wholly-evidence-based argument victim’s testimony was more believable than defendant’s
  • \The prosecutor drew reasonable inferences based on the evidence presented at trial and merely directed the jury to specific testimony.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Beier

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.