State v. Lyman

Citations

• 2022 ND 160

Syllabus

Whether to grant a mistrial is within the district court's discretion, which this Court will not reverse on appeal absent an abuse of such discretion. In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor's actions were misconduct, then examines whether the misconduct had prejudicial effect. The purpose of an opening statement is to inform the jury about the case and to outline to the jury the proof the State expects to present. Curative jury instructions will generally remove prejudice caused by improper statements because the jury is presumed to follow the district court's instruction.