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Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial

by David M. Reutter

The Supreme Court of Minnesota held that the prosecution committed plain error by repeatedly telling the jury during closing arguments that the defendant no longer had the “presumption of innocence,” entitling the defendant to a new trial.

Christian Portillo was charged in 2019 with two counts ...

 

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