Tenth Circuit Undresses Prosecutorial Misconduct After “Naked in His Guilt” Argument

Everyone loves a good metaphor. But pro tip for prosecutors: In your closing argument urging that a defendant be convicted for enticing a minor, maybe don't present a full-body image of the guy naked in his shower before launching into a dramatic monologue about how the "cloak" of the presumption of innocence has fallen and the dude stands before the jury "naked in his guilt." Tenth Circuit: The government stands before us naked in its plain-error prosecutorial misconduct. Conviction vacated.

Mr. Petro was represented by the Office of the Federal Defender. 

The case is United States v. Petro, 25-5028 (10th Cir. Apr. 27, 2026).