State v. Wolff

In State v. Wolff, 171 Wis. 2d 161, 168, 491 N.W.2d 498 (Ct. App. 1992), the court of appeals recognized that the implied response rule is not "blackandwhite." An invited argument or comment "does not invariably compel the conclusion that it can never be considered error." 171 Wis. 2d at 168-69. The issue is whether the prosecutor's invited response, taken in context, unfairly prejudiced the defendant. See id. at 169. If the prosecutor's remarks were "invited" and merely a measured response to "right the scale," such comments would not warrant reversal. See id.