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STATE v. KIRK

No. 41236.

339 P.3d 1213 (2014)

STATE of Idaho, Plaintiff-Respondent, v. James D. KIRK, aka Snoop, Jamey Kirk, Defendant-Appellant.

Court of Appeals of Idaho.

December 19, 2014.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Spencer J. Hahn , Deputy Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued.

Hon. Lawrence G. Wasden , Attorney General; Daphne J. Huang , Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

James D. Kirk appeals from his convictions for lewd conduct with a minor child under sixteen and sexual battery of a minor sixteen or seventeen years old. Kirk contends that the prosecutor improperly injected race into his case by singing the first few lines of the song "Dixie" during closing argument. Kirk submits that the act unconstitutionally...

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