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STATE v. SCUTCHINGS

No. 20080125.

759 N.W.2d 729 (2009)

2009 ND 8

STATE of North Dakota, Plaintiff and Appellee v. Cornell Xavier SCUTCHINGS, Defendant and Appellant.

Supreme Court of North Dakota.

February 3, 2009.

Attorney(s) appearing for the Case

Christopher S. Pieske (argued), third-year law student and Meredith Huseby Larson (appeared), Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee.

Gretchen Marie Handy, Grand Forks, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Cornell Xavier Scutchings appealed from a criminal judgment entered on a jury verdict finding him guilty of class C felony corruption or solicitation of a minor. We conclude the prosecuting attorney's improper comment on Scutchings's failure to testify made during closing arguments constitutes reversible error. We reverse and remand for a new trial.

I

[¶ 2] In June 2007, Scutchings was charged with corruption...

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