WA Legal Roundup: Division II
Toth appeals his conviction for driving under the influence. During the rebuttal argument of the state, the prosecutor argued that Toth failed to give any evidence that corroborated his testimony. Toth argues on appeal that during that rebuttal the state shifted the burden to Toth.
The appeals court agreed with Toth. They ruled that it improper for the state to imply that a defendant has a duty to present evidence. The Court argued that the state broke that rule and implied that Toth had to present evidence when the prosecutor argued on rebuttal that Toth failed to present any corroborating evidence.
Reversed and remanded with instructions to dismiss without prejudice.