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Shahid Turner v. United States

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Argued February 17, 2011

Before RUIZ and BLACKBURNE-RIGSBY,*fn1 Associate Judges, and FARRELL, Senior Judge.

Shahid Turner appeals from his convictions for assault with a deadly weapon and destruction of property. His main contention on appeal is that the trial judge erroneously permitted the prosecutor, in opening and rebuttal summation, to argue facts concerning Turner’s motive to attack the complaining witness that were not supported by the evidence. Although the government contends that the difference between what it concedes were misstatements by the prosecutor and what the evidence fairly allowed the prosecutor to argue was insubstantial, we are not persuaded, and conclude that the trial court’s failure to take corrective action was prejudicial error requiring reversal.

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