Last year, when the Appellate Court panel hearing State v. Shaun Rowe started talking about prosecutorial misconduct during oral argument, it was tossing a lifeline to Assistant Public Defender Janice N. Wolf, who instead had briefed claims of unpreserved evidentiary error.
The panel later ruled that the defendant was entitled to a new trial based on prosecutorial misconduct — an issue the judges themselves raised — thus saving Wolf’s appellate case from faltering on the shoals of unreviewable claims.
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