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STATE v. PARKER

No. C1-86-2143.

417 N.W.2d 643 (1988)

STATE of Minnesota, Petitioner, Appellant, v. Nathanial PARKER, Respondent.

Supreme Court of Minnesota.

January 22, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Edward P. Starr, St. Paul City Atty., George T. Stephenson, Asst. St. Paul City Atty., St. Paul, for appellant.

Kerry L. Scott, St. Paul, Linda L. Bogut, Dean S. Grau, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

AMDAHL, Chief Justice.

The issue on this appeal is whether the prosecutor's unobjected-to comment in closing argument on the defendant's failure to call certain witnesses to support an affirmative defense constituted plain error requiring a new trial. The court of appeals held that it was plain error. State v. Parker, 412 N.W.2d 419 (Minn.App.1987). Concluding that it was not plain error, we reverse that...

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