People v. Mudd

This case presents question as to whether prosecutor committed misconduct in stating during closing arguments in instant prosecution on charge of unlawful use of weapon, that both parties could have requested forensic testing of firearm recovered from possession of convicted felon to address argument regarding lack of fingerprints or DNA on gun. While defendant argued that prosecutor's statement effectively shifted burden of proof to him, Appellate Court, in affirming defendant's conviction, initially observed that defendant's arguments were forfeited where defendant failed to object to them at trial. Also, Appellate Court found that prosecutor did not misstate evidence or shift burden to defendant, where defendant has constitutional right to conduct his own tests on physical evidence, and where instant statements by prosecutor were invited by defense counsel's closing arguments.