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Plain Error, § 901.03(4) – Prosecutor’s Closing Argument as Violating Confrontation

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision
For Jorgensen: Martha K. Askins, SPD, Madison Appellate


¶39      Jorgensen’s right to confrontation was also violated during the prosecutor’s closing argument. The prosecutor took what the jury had improperly heard during the trial a step further. She “testified” that Jorgensen was a “chronic alcoholic” who did not acknowledge his problem, that on November 10 she smelled a strong odor of intoxicants from him, and that she knew Jorgensen was drunk that day in court.


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