State v. Felder, 150 Idaho 269

Felder indicted on three counts of lewd conduct with a minor under sixteen against his stepdaughter A.K.
Abuse began in third grade and continued to fifth grade; A.K. disclosed to a school counselor who notified police.
Felder admitted some acts to police; later claimed A.K. fabricated the allegations; testified he believed she lied.
Jury found Felder guilty on all counts; district court imposed concurrent 25-year sentences with 10 years determinate.
Felder filed Rule 35 motion; appellate challenge raised prosecutorial misconduct and sentence excessiveness.
Court concludes prosecutor did not commit misconduct and sentences were reasonable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutorial vouching for credibility	Felder contends prosecutor vouched for A.K.'s credibility.	Felder argues statements implied the state’s belief in A.K.'s truthfulness.	No vouching; statements supported by trial evidence.
Facts not in evidence	Prosecutor claimed lack of inconsistencies would have been shown if present.	Statements misrepresented evidence or added facts not in record.	No misrepresentation; statements grounded in evidence.
Burden of proof	Prosecutor shifted burden by implying defense must prove inconsistencies.	State argues inconsistency or lack of it supports credibility; no shift.	No improper burden shifting.
Appeal to emotions or prejudice	Prosecutor urged conviction to support victim and community justice.	Argument sought conviction based on trial evidence and credibility.	Not impermissible; based on evidence and instructions.

State v. Perry, 245 P.3d 961 (Idaho 2010) (fundamental error standard for unobjected trial misconduct)
State v. Priest, 909 P.2d 632 (Idaho Ct. App. 1995) (prosecutor may discuss witnesses' credibility without vouching)
State v. Gross, 189 P.3d 477 (Idaho Ct. App. 2008) (closing argument latitude but no improper appeal to emotion)
State v. Lovelass, 983 P.2d 241 (Idaho Ct. App. 1999) (prosecutor may discuss evidence to confirm credibility)
State v. Troutman, 231 P.3d 549 (Idaho Ct. App. 2010) (misrepresentation in closing arguments evaluated case-by-case)
Washington v. Hofbauer, 228 F.3d 689 (6th Cir. 2000) (distinguishable; evidence not misrepresented by prosecutor)
State v. Phillips, 156 P.3d 583 (Idaho Ct. App. 2007) (closing argument limits; not a miscue when evidence supports)
In re Winship, 397 U.S. 358 (U.S. 1970) (burden of proof beyond a reasonable doubt standard)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence beyond reasonable doubt)
State v. Beebe, 181 P.3d 496 (Idaho Ct. App. 2007) (closing argument and credibility analysis)
State v. Dushkin, 857 P.2d 663 (Idaho Ct. App. 1993) (balancing sentencing goals; no automatic weighting rule)