STATE v. SKORICK

No. 20020090.

653 N.W.2d 698 (2002)

2002 ND 190

STATE of North Dakota, Plaintiff and Appellee, v. Edward SKORICK, Defendant and Appellant.

Supreme Court of North Dakota.

December 4, 2002.


Attorney(s) appearing for the Case

Cynthia M. Feland, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Thomas K. Schoppert, Schoppert Law Firm, Minot, N.D., for defendant and appellant.


KAPSNER, Justice.

[¶ 1] Edward Skorick appeals his jury trial conviction for gross sexual imposition. We hold there was no prosecutorial misconduct during the State's rebuttal closing argument which denied the defendant a fair trial, and although the trial court erred in permitting sequestered witnesses to remain in the courtroom after they testified for purposes of returning as rebuttal witnesses, the error was harmless. We affirm.

I.

[¶...

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