Malaske v. State , 75 O.B.A.J. 1498 ( 2004 )

STRUBHAR, J.,

dissenting.

¶ 1 I dissent. I find merit in Proposition III. The prosecutor, in his closing arguments, made a continuing series of improper arguments. The prosecutor’s confrontational and bullying approach directed towards the defense attorney was not only inappropriate but absurd; however, when the defense counsel objected, the trial court improperly overruled the objection. Additionally, the prosecutor misstated the law on several significant occasions. These errors cannot be considered harmless. I would reverse and remand for a new trial.