Section 25.20 Retaliatory Argument
Library | Criminal Practice 2012 Supp |
9. (§25.20) Retaliatory Argument
Anything that is in retaliation to arguments raised by the defense attorney is proper material to be raised in the prosecutor’s rebuttal, even though it would not be proper otherwise. See:
· State v. Shields, 619 S.W.2d 937 (Mo. App. E.D. 1981)
· State v. Kirksey, 528 S.W.2d 536 (Mo. App. E.D. 1975)
· State v. Lacy, 548 S.W.2d 251 (Mo. App. W.D. 1977)
· State v. Warren, 320 S.W.2d 575 (Mo. 1959)
· State v. Shurn, 866 S.W.2d 447 (Mo. banc 1993)
· State v. Ramsey, 864 S.W.2d 320 (Mo. banc 1993)
· State v. Petty, 967 S.W.2d 127 (Mo. App. E.D. 1998)
In Kirksey, the court permitted the prosecutor to argue that he could prove that the scar on the defendant’s face was not there at the time of the crime although there was no evidence introduced as to the fact. This argument was permitted because the defense, in argument, challenged an eyewitness who identified the defendant but made no reference to the defendant’s facial...
To continue reading
Request your trial- Books and Journals
- Section 25.1 When Given
- Section 25.2 Scope—Use of Instructions, Exhibits, and Diagrams
- Section 25.3 A Review of Cases
- Section 25.4 Epithets
- Section 25.5 Demeanor of Defendant
- Section 25.6 Defendant’s Testimony
- Section 25.7 Defendant
- Section 25.8 Defendant’s Spouse
- Section 25.9 Defendant’s Mental State
- Section 25.10 Defendant’s Failure to Call a Favorable Witness
- Section 25.11 Convictions as Deterrents
- Section 25.12 Prosecutor’s Personal Opinion
- Section 25.13 Referring to Jurors Personally
- Section 25.14 Referring to Victim
- Section 25.15 Referring to Defense Counsel Personally
- Section 25.16 Other Crimes of Defendant
- Section 25.17 Punishment
- Section 25.18 Probation, Parole, or Appeal as Affecting
- Section 25.19 Prior Crimes as Affecting
- Section 25.20 Retaliatory Argument
- Section 25.21 Pre- and Post-Arrest Statements and Conduct or Flight
- Section 25.22 Fingerprints
- Section 25.23 Previous Trials
- Section 25.24 Reasonable Doubt Arguments
- Section 25.25 When Improper Argument Is Reversible Error
- Section 25.26 Strategy Suggestions—Be Yourself and Be Repetitious
- Section 25.27 Capital Murder
- Section 25.28 Purpose and Scope
- Section 25.29 Areas of Improper Argument by the Prosecutor
- Section 25.30 Objections
- Section 25.31 Preparation
- Section 25.32 Length of Argument
- Section 25.33 Bibliography
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.