State v Prater

Prater appealed his murder and other convictions arguing there was insufficient evidence once the testimony of three witnesses with plea deals was excluded as inherently improbable. The Court affirmed. It held that the fact that a witness has entered into a plea deal does not make the testimony apparently false as the deal goes to weight and credibility which are entrusted to the jury. It also held that the claim failed under plain error review because Prater confessed to the murder and other crimes both in a written letter and orally to a fellow inmate, asked the inmate to falsely accuse another person in a written statement and the forensics evidence supported the state’s theory that Prater shot the victim while a passenger in a car and did not support Prater’s theory that the driver shot the victim.