Did Prosecutorial Misconduct Deny Denny a Fair Trial?
Denny next argues that several comments of the prosecutor during closing argument were beyond the wide latitude allowed the prosecutor in discussing evidence and denied him a fair trial. Appellate review of such a challenge requires a two-step analysis. First, the appellate court decides whether the comments were outside the wide latitude that the prosecutor is allowed in discussing the evidence. Second, the appellate court decides whether those comments constitute plain error; that is, whether the statements prejudiced the jury against the defendant and denied the defendant a fair trial. State v. Albright, 283 Kan. 418, 428, 153 P.3d 497 (2007). In the second step of the two-step analysis, the appellate court considers three factors: “(1) whether the misconduct was gross and flagrant; (2) whether the misconduct showed ill will on the prosecutor’s part; and (3) whether the evidence was of such a direct and overwhelming nature that the misconduct would likely have had little weight in t
