State v. Alexander (1998)

In State v. Alexander, 50 Conn. App. 242, 718 A.2d 66 (1998), rev'd in part, 254 Conn. 290, 755 A.2d 868 (2000), the Court held that certain comments by the prosecutor during closing arguments concerning the defendant's right to be present during trial, the prosecutor's personal opinions about the case, arguments about facts not in evidence, and appeals to the passion and emotions of the jury deprived the defendant of his right to a fair trial. In Alexander, the Court concluded that the defense counsel did not in any way invite the comments, the prosecutor frequently made in the inappropriate comments during his argument, the comments directly addressed a critical issue in the case, the state did not present a particularly strong case and, importantly, the court did not adopt curative instructions to alleviate the potential that the comments prejudiced the defendant.