From MN Bench Book - Trial Procedures & Practices for Judges
A. General Guidance
What if counsel didn't produce evidence he/she said he/she would?
There is no error as long as he/she intended to permissibly offer the evidence he/she mentioned in good faith but was prevented from doing so for some other reason.
What if counsel presents an argument in his/her opening statement?
Argument is strongly frowned upon in opening statements.
What if counsel appeals to the jury?
It is improper for counsel to invite jurors to put themselves in the shoes of the defendant/witness/victim.
- See Tucker v. State, 245 N.W.2d 199 (Minn. 1976).
- See State v. Bauer, 249 N.W. 40 (Minn. 1933); State v. White, 203 N.W.2d 852 (Minn. 1973); United States v. Dinitz, 424 U.S. 600 (1976).
- See State v. Taylor, 365 N.W.2d 368 (Minn. Ct. App. 1985); State v. Rose, 353 N.W.2d 565 (Minn. Ct. App. 1984).