context: As defendant acknowledges, we have never concluded that drawing an analogy between a defense tactic and "smoke" is inherently prejudicial, and we have not reversed based on such a statement alone.
citation_a.signal: see also
citation_a.identifier: 282 Kan. 201, 210-12
citation_a.parenthetical: approving prosecutor's colorful analogy of defense theory to the Wizard of Oz
citation_a.sentence: See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effect that defense counsel had attempted to divert jury’s attention by arguing State did not know who dog’s owner was, labeling of tactic was “puff of smoke” not prosecutorial misconduct; comments not beyond bounds of legitimate rhetoric; puff of smoke argument responsive to defense counsel’s strained interpretation of evidence regarding defendant’s beliefs about who, if anyone, owned dog); State v. McCray, 267 Kan. 339, 348-51, 979 P.2d 134 (1999) (prosecutor’s “smoke screen” statement made in course of more egregious comments insinuating defense counsel’s “deception” was attempt to “fool,” “intimidare],” and “scare” jury; remarks outside bounds of proper argument but little likelihood they changed result); State v. Duke, 256 Kan. 703, 718-20, 887 P.2d 110 (1994) (prosecutor called defense closing argument “a lot of smoke,” said “[i]t’s smoke and mirrors . . . trying to confuse you“; no intent to mislead and within permissible bounds of rhetoric); State v. Baker, 249 Kan. 431, 447, 819 P.2d 1173 (1991) (prosecutor argued defendant’s “nice boy image . . . [was] nonexistent,” “[i]t’s a smoke screen“; statements not gross nor flagrant, did not deprive defendant of fair trial); City of Dodge City v. Ingram, 33 Kan. App. 2d 829, 837-38, 109 P.3d 1272 (2005) (prosecutor’s comments that defense “simply arguing smoke and mir rors” and “[g]rasping at straws,” not improper, not outside wide latitude allowed in discussing evidence); State v. Lockhart, 24 Kan. App. 2d 488, 490-93, 947 P.2d 461, rev. denied 263 Kan. 889 (1997) (prosecutor s “smoke screen” argument noted but not found improper; basis for reversal in prosecutor’s references to defendant and defense counsel as liars); see also State v. Anthony, 282 Kan. 201, 210-12, 145 P.3d 1 (2006) (approving prosecutor’s colorful analogy of defense theory to the Wizard of Oz); State v. Collier, No. 93,589, unpublished Court of Appeals opinion filed March 31, 2006, rev. denied 282 Kan. 792 (2006), slip op. at 8-9 (simple “smoke and mirrors” comments not considered prosecutorial misconduct; even if improper, no prejudice).
citation_b.signal: see
citation_b.parenthetical: prosecutor's comments that defense "simply arguing smoke and mir rors" and "[g]rasping at straws," not improper, not outside wide latitude allowed in discussing evidence
citation_b.sentence: See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effect that defense counsel had attempted to divert jury’s attention by arguing State did not know who dog’s owner was, labeling of tactic was “puff of smoke” not prosecutorial misconduct; comments not beyond bounds of legitimate rhetoric; puff of smoke argument responsive to defense counsel’s strained interpretation of evidence regarding defendant’s beliefs about who, if anyone, owned dog); State v. McCray, 267 Kan. 339, 348-51, 979 P.2d 134 (1999) (prosecutor’s “smoke screen” statement made in course of more egregious comments insinuating defense counsel’s “deception” was attempt to “fool,” “intimidare],” and “scare” jury; remarks outside bounds of proper argument but little likelihood they changed result); State v. Duke, 256 Kan. 703, 718-20, 887 P.2d 110 (1994) (prosecutor called defense closing argument “a lot of smoke,” said “[i]t’s smoke and mirrors . . . trying to confuse you“; no intent to mislead and within permissible bounds of rhetoric); State v. Baker, 249 Kan. 431, 447, 819 P.2d 1173 (1991) (prosecutor argued defendant’s “nice boy image . . . [was] nonexistent,” “[i]t’s a smoke screen“; statements not gross nor flagrant, did not deprive defendant of fair trial); City of Dodge City v. Ingram, 33 Kan. App. 2d 829, 837-38, 109 P.3d 1272 (2005) (prosecutor’s comments that defense “simply arguing smoke and mir rors” and “[g]rasping at straws,” not improper, not outside wide latitude allowed in discussing evidence); State v. Lockhart, 24 Kan. App. 2d 488, 490-93, 947 P.2d 461, rev. denied 263 Kan. 889 (1997) (prosecutor s “smoke screen” argument noted but not found improper; basis for reversal in prosecutor’s references to defendant and defense counsel as liars); see also State v. Anthony, 282 Kan. 201, 210-12, 145 P.3d 1 (2006) (approving prosecutor’s colorful analogy of defense theory to the Wizard of Oz); State v. Collier, No. 93,589, unpublished Court of Appeals opinion filed March 31, 2006, rev. denied 282 Kan. 792 (2006), slip op. at 8-9 (simple “smoke and mirrors” comments not considered prosecutorial misconduct; even if improper, no prejudice).