State v. Gates, 451 A.2d 1084, 141 Vt. 562 (Vt. 1982)

State v. Gates, 451 A.2d 1084, 141 Vt. 562 (Vt. 1982)

The boundaries of propriety in closing argument are well established in Vermont. "[C]ounsel should confine argument to the evidence of the case and inferences properly drawn from it, and must avoid appealing to the prejudice of the jury." State v. Lapham, 135 Vt. 393, 406, 377 A.2d 249, 257 (1977). Improper closing argument, standing alone, is insufficient to overturn a conviction. "[P]rejudice must affirmatively appear." Id. at 407, 377 A.2d at 257. See State v. Blakeney, 137 Vt. 495, 504, 408 A.2d 636, 642 (1979). Thus, to warrant reversal, the appellant must establish that the [141 Vt. 567] prosecutor's closing argument was not only improper, but also that it impaired the defendant's right to a fair trial

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