State v. Ward, 807 S.W.2d 225 (Mo. Ct. App. 1991). · Go Syfert
State v. Ward, 807 S.W.2d 225 (Mo. Ct. App. 1991). Cases Citing This Book View Copy Cite
16 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Steele (moctapp, 2010-07-13)
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Steele
Mo. Ct. App. · 2010 · confidence medium
S.D.1996) (arguing defense counsel was like a “magician” who was trying to distract the jury from facts was permissible); State v. Ward, 807 S.W.2d 225, 226 (Mo.App.
discussed Cited as authority (rule) State v. Reyes
Mo. Ct. App. · 2003 · confidence medium
The court in Crews contrasted these cases with State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991) and State v. Petary, 781 S.W.2d 534, 541 (Mo. banc 1989). 4 In [Ward], the prosecutor’s comments that defense counsel was resorting to trickery were not improper because the comments were merely an attack on defense counsel’s methods, rather than an attack on defense counsel’s character and integrity.
discussed Cited as authority (rule) State v. Kennedy
Mo. Ct. App. · 2003 · confidence medium
W.D.2000) (prosecuting attorney’s isolated reference to defense counsel’s “slick lawyering” were directed at tactics or techniques, rather than character or integrity, and was not unduly prejudicial); State v. Ward, 807 S.W.2d 225, 226 (Mo.App.
cited Cited as authority (rule) State v. Hanson
Mo. Ct. App. · 1998 · confidence medium
State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991) (holding reference to defense counsel as using “trickery” was a permissible reference regarding defense counsel’s technique and strategy).
cited Cited as authority (rule) State v. Burnett
Mo. Ct. App. · 1996 · confidence medium
State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991).
discussed Cited as authority (rule) State v. Crews
Mo. Ct. App. · 1996 · confidence medium
In State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991) the prosecutor’s comments that defense counsel was resorting to trickery were not improper because the comments were merely an attack on defense counsel’s methods, rather than an attack on defense counsel’s character and integrity.
cited Cited as authority (rule) State v. Fritz
Mo. Ct. App. · 1996 · confidence medium
State v. Ward, 807 S.W.2d 225, 226 (Mo.App. 1991).
cited Cited as authority (rule) State v. Woods
Mo. Ct. App. · 1993 · confidence medium
State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991).
discussed Cited "see" STATE OF MISSOURI, Plaintiff-Respondent v. MICHAEL EDWARD AMICK
Mo. Ct. App. · 2014 · signal: see · confidence high
See State v. Ward, 807 S.W.2d 225, 226 (Mo. App. 1991) (finding that the prosecutor – who referred to defense counsel’s focus on minor inconsistencies in the evidence as “trickery” – did not imply that defense counsel was personally dishonest).
cited Cited "see" State v. Sheridan
Mo. Ct. App. · 2006 · signal: see · confidence high
See State v. Ward, 807 S.W.2d 225, 226 (Mo.App.
cited Cited "see" State v. O'HAVER
Mo. Ct. App. · 2000 · signal: see · confidence high
See State v. Ward, 807 S.W.2d 225, 226 (Mo.App.
discussed Cited "see" State v. Kreutzer (2×) also: Cited "see, e.g."
Mo. · 1996 · signal: see · confidence high
See Ward, 807 S.W.2d at 226 ; contrast State v. Greene, 820 S.W.2d 345, 346-47 (Mo.App.1991); State v. Burnfin, 771 S.W.2d 908, 912-13 (Mo.App.1989); State v. Harris, 662 S.W.2d 276, 276-77 (Mo.App.1983).
discussed Cited "see, e.g." State v. Collins
Mo. Ct. App. · 2004 · signal: see also · confidence medium
However, “where statements are ‘directed at the tactics or techniques of trial counsel rather than counsel’s integrity or character,’ the argument is permissible.” Reyes, 108 S.W.3d at 170 (quoting O’Haver, 33 S.W.3d at 563 ); see also State v. Ward, 807 S.W.2d 225, 226 (Mo.App.1991).
Retrieving the full opinion text from the archive…
STATE of Missouri, Plaintiff/Respondent,
v.
Marka C. WARD, Defendant/Appellant
58280.
Missouri Court of Appeals.
Apr 23, 1991.
807 S.W.2d 225
1991 Mo. App. LEXIS 565
1991 WL 60560
Marcie W. Bower, Columbia, for defendant/appellant., William L. Webster, Atty. Gen., Barbara J. Wood, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.
Karohl, Pudlowski, Grimm.
Cited by 13 opinions  |  Published
KAROHL, Judge.

Defendant Marka C. Ward appeals conviction for attempted robbery in the first degree. Section 571.015 RSMo 1986. He claims error in allowing closing argument which personalized the jury and an argument which degraded defense counsel. We affirm.

The first complaint fails because the record disproves the event regarding personalization of the jury. The prosecutor began, but did not complete an argument which may have been intended to substitute a concern for jurors defending a not guilty verdict for the proper function of the jury, to determine guilt or innocence of the defendant based on the law and the evidence. The prosecutor said, “And when this case is over the court will lift its admonition against you telling anybody about this case. And your friends will ask you —.” Defense counsel objected claiming the argument was highly improper because “[t]his is commenting on what the jury — on[*226] their emotions. It has nothing to do with the evidence.” The prosecutor immediately said, “I will rephrase the argument.” The court then said, “Please.” The prosecutor continued his argument by asking the jury to look at the evidence, by summarizing the evidence and by concluding with a request that from the evidence the jury arrive at a verdict.

The trial court committed no error. Before the court ruled the prosecutor, in effect, offered to withdraw any objectionable argument. The statement of the court did not overrule defendant’s objection. Rather, it approved the necessity for rephrasing the argument. What followed was not objectionable. Under the circumstances defendant was granted the relief he sought and nothing is preserved for review. State v. White, 782 S.W.2d 461, 465 (Mo.App.1990).

We also find defendant’s second contention is without factual foundation. The argument which the trial court permitted, over objection, was directed at strategy and tactics of defense counsel when cross examining a police officer, not at the personal integrity of defense counsel. Some testimony of the officer was not included in the police report and may have been contradicted by the report. In order to support credibility the prosecutor argued:

We have a force of evidence before you and the defendant thinks by defense counsel pulling up weeds that the whole force will fall and it just doesn’t happen ... for counsel like Ms. Jones it’s not going to be hard to slip someone up somewhere along the line about something that happened a year ago. Police reports, they are only used to refresh memory as best as possible ... so that’s an argument. That’s trickery.

Personal attacks on defense counsel by the prosecutor may be improper and prejudicial. State v. Hornbeck, 702 S.W.2d 90 (Mo.App.1985), State v. Harris, 662 S.W.2d 276 (Mo.App.1983). On the above facts we find the argument was directed at the tactics or technique of defense counsel, not at the character or integrity of defense counsel. The argument suggests that defense counsel is capable and skillful but the discrepancies developed in cross examination should not destroy credibility of the prosecuting witness. The subject matter of the argument was proper. The argument was an appeal to the jury not to be deceived by minor inconsistencies in the evidence. It could have been better phrased. In context the argument did not imply defense counsel was personally dishonest. Nor did it create a setting for finding defendant must be guilty because of misconduct or bad reputation of his counsel.

If we were reviewing a matter of preserved error we would reject the argument. We note that this claim was not made in defendant’s motion for new trial. For that reason this argument is reviewable only as a matter of plain error, Rule 30.20, State v. Ball, 622 S.W.2d 285, 291 (Mo.App.1981), and denied.

We affirm.

PUDLOWSKI, P.J., and GRIMM, J„ concur.