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...