WHAT ASTOUNDING LOGIC!

OK to call a guy a murderer but not OK to call him a liar??

The Iowa Court of Appeals today threw out the first-degree murder conviction of a Des Moines man who claimed he didn't get a fair trial because prosecutors called him a coward several times and a liar. Jarmaine Allen said the description unfairly swayed jurors against him and amounted to prosecutorial misconduct. The court agreed. "We determine this was an improper attack on Allan's character that was intended to be inflammatory and constituted misconduct," the judges said.

It was the second Polk County case in recent months in which the court overturned a conviction because prosecutors crossed the line. In November, the appeals court ordered a new trial for Harlan Mott because prosecutors called a group of inmates a bunch of liars. The court said the statement was the "kind of misconduct expressly condemned" by the court.

Polk County Attorney John Sarcone said at the time, "We understand that the court is saying, 'Don't be name-calling." Sarcone was not available for comment Thursday.

Allen was convicted in the revenge shooting death of Jody Stokes in October 1995. The killing led to several gang shootings in the city.

From here


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