[Download] "State Minnesota v. Steven Allen Bohlsen" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Steven Allen Bohlsen
- Author : Supreme Court of Minnesota
- Release Date : January 23, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Steven Allen Bohlsen
for further review of the unpublished 2-1 decision of the court of appeals in the above-entitled matter be, and the same is,
denied. However, we take this opportunity to caution prosecutors against making the kind of closing argument with respect
to the presumption of innocence that the prosecutor made in this case. 1 This argument was improper, as our decision in
State v. Jensen, 308 Minn. 377, 242 N.W.2d 109 (1976), makes clear. See also State v. Thomas, 307 Minn. 229, 239 N.W.2d 455
(1976). As the dissenting judge in the court of appeals in this case stated, the argument -- which manages to assume the defendant's
guilt while saying that the defendant is presumed innocent -- "mocks" the presumption of innocence. As we said in State v.
DeVere, 261 N.W.2d 604, 606 (Minn. 1977), "the prosecutor, to be fully safe, should try to adhere as closely as possible to
the normal statement of the presumption" when talking about the presumption of innocence in closing argument. As we further
said there: