People v. Euell

Defendant was convicted, after jury trial, of unlawful delivery of controlled substance. State improperly shifted burden of proof to Defendant during closing arguments, by commenting on questions that defense counsel should have asked but did not. State's comments were not so inflammatory or so flagrant that Defendant was denied a fair trial, as State did not directly state that Defendant had a burden to support his theory, but suggested that all evidence pointed against Defendant. State's comments that jury should avoid speculating were not directives to avoid considering defense theory of case, but arguments that defense theory lacked support in evidence and should thus not be given weight. (HUTCHINSON and ZENOFF, concurring.)