Idaho Supreme Court· 10/19/1983

State v. Hodges

Citations

671 P.2d 1051
105 Idaho 588
1983 Ida. LEXIS 513

How courts have described this case

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

holding that the prosecutor’s comment that a state witness’ testimony was “uncontradieted” was not “an impermissible reference to the defendant’s failure to testify. Rather it [was] a comment on the weight of the evidence produced[.]”
alleged misconduct was objected to and so the Court did not apply a fundamental error analysis
although results of two tests run on suspected drug contraband were contradictory, sufficient other factors were present to support probable cause for search
Where the prosecutor commented that a state witness’ testimony was uncontradicted, the court held it was not “an impermissible reference to the defendant’s failure to testify. Rather it is a comment on the weight of the evidence produced[.]”
prosecutorial misconduct reviewed for harmless error

Source: CourtListener parenthetical corpus (CC0).

Judges: Huntley, Bistline, Donaldson, Shepard, Bakes

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Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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