State v. Diar

900 N.E.2d 565 (2008)

Facts

A fire seriously damaged D's home. The body of her four-year-old son, Jacob, was found in the bedroom. Gasoline was used to start the fire and Jacob had been killed before the fire began. D is a burn victim. At age four, D's pajamas caught fire, and she suffered horrific burns that left permanent scarring over much of her body. She underwent 61 operations over the next 14 years. As a result of the accident, D received a structured settlement that provided her approximately $3,000 per month and other periodic lump-sum payments. D was convicted of the aggravated murder of Jacob and was sentenced to death. D appealed. In part, D argues that the prosecutor committed misconduct by repeatedly asking witnesses leading questions to place his theories of the case before the jury and interject his own inflammatory opinions about her.