NH Supreme Court - Limits Prosecutor's Cross-Examination of Accused

11/09/2007. Court Condemns Prosecutor's Cross-Examination Technique.

Have you ever seen a prosecutor torment the accused on the stand by cross-examining him with respect to every instance in which his testimony disagrees with that of other witnesses?

"So, are you saying that Officer, err, I'm sorry, I mean DETECTIVE Jones lied to this jury when he said he heard your confession?"

"So, are you saying that those five nuns all lied to this jury when they said they saw you run out of the store with a pillow case full of money?"

In an appeal briefed and argued by Theodore Lothstein

Theodore Lothstein, was State v. Mussey, 153 N.H. 272 (2006)(prosecutorial commits misconduct by arguing in closing that the police office officers who testified in this case would risk losing their jobs if they lied).

Read State v. Lopez.