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Prosecutors are prohibited from making generic accusations during summation that a defendant tailored his testimony, based on his presence during trial and his opportunity to hear the other witnesses; a prosecutor may comment on specific evidence of tailoring, but the comments must be limited to the evidence and the reasonable inferences drawn therefrom; the comments here were unfairly prejudicial and the failure to give an adequate curative instruction was plain error; the conviction is reversed.
December 20, 2004 at 12:00 AM
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