123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

Circuit Court Rules Burden Shift Does Not Require Mistrial

By Author: Henry Rundquist

Defendant appealed the decision of the trial court to the Circuit Court arguing that the state attempted to shift the burden of proof from the state to the defendant. The Sixth Circuit Court, acting its appellate capacity upheld the county court's ruling & defendant's conviction for DUI in the case of State vs. Canton. Defendant's argument on appeal, was that the prosecution engaged in improper burden shifting in the prosecution's closing argument, and accordingly the lower court should have granted defendant's request for a mistrial. Specifically, the prosecutor, in closing, called attention to defendant's failure to put into evidence his written prescription for the Xanax defendant admitted to taking prior to his DUI arrest, which defendant contended was an improper burden shift. The court agreed, but ruled that this didn't constitute a fundamental error, as this was a single, brief and isolated comment that did not address any element of the crime charged. Moreover, as the trial court twice instructed the jury regarding the proper burden of proof, there were no sufficient grounds for a mistrial.

For more information on Dui Lawyer Fort Lauderdale FL , Criminal Attorney Fort Lauderdale FL contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700
Fort Lauderdale, FL 33301
(954)990-0525

Total Views: 53Word Count: 219See All articles From Author

Legal Articles

1. Car Accident Attorney – Why Are They Important?
Author: krinomid

2. 7 Crucial Things To Know Before Finding A Personal Injury Lawyer Or Attorney In Plano, Texas
Author: Nick Feizy

3. Auto Accident Attorney – Tips To Get The Help You Need
Author: benmartek

4. Injured In A Slip And Fall - When To A Hire A Lawyer?
Author: chrissamola

5. Guidelines To Choosing The Best Law Firm For Your Business
Author: Charles Silver

6. Personal Injury Law Firms - Getting The Right Slip And Fall Lawyer
Author: adamchrly

7. Basic Need To Knows For Slip And Fall Lawyers
Author: treynoralan

8. The Sydney Family Law Mediation Can Help To Resolve Disputes In A Friendly Manner
Author: jameskarteeen

9. Truck Accident Attorney – Top 5 Things To Look For
Author: chrisalegry

10. Seat Belt Injury Law - What You Need To Know
Author: hurlebrent

11. Third Party Negligence- Hire A Personal Injury Law Firm
Author: adamchrly

12. Jefell123
Author: Mark Joshes is the author of this Article.

13. How To Get Effective Legal Compensation For Ivc Filter Injury Case In Texas?
Author: Nick Feizy

14. Why Hiring A Wrongful Death Lawyer Is Very Important
Author: adamchrly

15. Top Orange California Personal Injury Lawyer Announcing New Office Location And Free Case Evaluation
Author: 1888PressRelease


Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: