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STATE v. PICKENS

No. 34500.

224 P.3d 1143 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Carl PICKENS, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

January 7, 2010.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

Carl Pickens, Jr. appeals from his judgment of conviction for first degree kidnapping, rape, and assault with intent to commit rape. He contends that the district court erred by denying his motion for a mistrial based upon allegedly improper comments made by the prosecutor during opening statements and that the court erred in admitting at trial evidence implying prior misconduct by Pickens. Alternatively, he asserts that the constitutional prohibition...

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