Clausell v. Montana
Montana Supreme Court
106 P.3d 1175 (2005)
During voir dire and closing argument, the prosecutor in Clausell's (defendant's) trial used a "hiding the ball" analogy about movies concealing the truth until the end, and separately compared Clausell's inconsistent statements to a child telling his father lies. Clausell sought postconviction relief for prosecutorial misconduct, arguing these comments implied that he and his defense attorney were lying; the state countered that the comments were meant only to illustrate how to use common sense and weigh inconsistent statements against the evidence. The trial court denied relief, and Clausell appealed.
Whether, during voir dire and closing, a prosecutor may use analogy to focus the jury on the evidence and illustrate how to weigh inconsistent statements without improperly impugning the defendant's and defense counsel's credibility.