AGNEW v. STATE

No. 79A02-9511-CR-699.

677 N.E.2d 582 (1997)

Martan Sherard AGNEW, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana.

Transfer Denied May 14, 1997.


Attorney(s) appearing for the Case

Steven P. Meyer, Merritt Troemel Meyer & Hamilton, Lafayette, for Appellant-Defendant.

Pamela Carter, Attorney General, Rafal Ofierski, Deputy Attorney General, Indianapolis, for Appellee.


OPINION

SULLIVAN, Judge.

Martan Sherard Agnew (Agnew) appeals his conviction of rape, a class B felony.1 Agnew presents two issues for our review:

1. Whether the behavior of the state's key witness during and after a taped replay of Agnew's testimony interfered with his right to a fair trial.

2. Whether the prosecutor impermissibly shifted the burden of proof to Agnew by stating during closing argument, "if you...

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