State v. Berry

Petitioner was convicted of one count of embezzlement. Petitioner appealed, arguing that the circuit court erred by (1) not granting his motions for judgment of acquittal because the State failed to present sufficient evidence to support his conviction, and (2) not granting his motion for a mistrial after the prosecuting attorney made improper remarks during closing arguments. The Supreme Court affirmed, holding (1) the State presented sufficient evidence to support Petitioner’s conviction and therefore did not err by denying Petitioner’s motions for judgment of acquittal; and (2) the prosecutor’s remarks were not clearly prejudicial and did not result in manifest injustice, and therefore, the circuit court did not abuse its discretion by denying Petitioner’s motion for a mistrial. View "State v. Berry" on Justia Law