Portuondo v. Agard

Agard (defendant) testified last at his criminal trial, and during closing argument the prosecution suggested to the jury that he had used his position as the final witness to tailor his testimony to match or counter what earlier witnesses said; the trial court allowed the comment over Agard's objection, and he was convicted. The court of appeals reversed, finding the comment violated Agard's Fifth, Sixth, and Fourteenth Amendment rights, and the prosecution obtained Supreme Court review.