Murder Conviction Reversed Due to Prosecutorial Misconduct; Double Jeopardy Bars Retrial
Posted Mar 15, 2011 5:25 PM CDT
By Martha Neil
The South Carolina Supreme Court has reversed a murder conviction due to prosecutorial misconduct and held that double jeopardy precludes retrial of a man who undisputedly shot and killed his sister's boyfriend.
Because the prosecutor goaded the defense counsel into seeking a mistrial, the state is not entitled to a second opportunity to try Jack Edward Earl Parker, the court held. Among the misconduct it cites in a written opinion yesterday was showing a video of the crime scene without required redaction of images of the victim's body and the prosecutor's accusation of defense counsel, in closing arguments, of unethical conduct.
Hat tip: Legal Profession Blog.