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BENIRSCHKE v. STATE

No. 45S00-8902-CR-108.

582 N.E.2d 355 (1991)

William BENIRSCHKE, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 5, 1991.

Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Appellant Div., Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

KRAHULIK, Justice.

Defendant-Appellant Benirschke argues in his petition for rehearing that our opinion in his case, (1991) 577 N.E.2d 576, fails to address three alleged instances of prosecutorial misconduct which occurred during final argument. Benirschke admits that this issue was first raised in his reply brief and, ordinarily, would be deemed to be waived. Ward v. State (1991), Ind...

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