This case concerns statements made by a prosecutor in his closing argument to the jury. In a capital murder case, the prosecutor made comments about the fact that the state of mind of the defendant was not subject to positive proof and that he could not get into the mind of the defendant. The defense objected, arguing that such a statement was a comment on the failure of the defendant to testify at trial and therefore improper. The trial court overruled the objection. The court of appeals agreed.
1. What is the legal issue before the court?
2. When is a statement by a prosecutor improper?