Gabriel Jacobs, arguing on behalf of the state, told the court he had "made several concessions" about trial-level errors and conceded that some prosecutor conduct—particularly effort to highlight Sergeant Keziah's report—was overzealous. "I did make several concessions in this case," Jacobs said, acknowledging mistakes while framing the dispute around prejudice.
Jacobs urged the court to assess whether any admitted error produced prejudice that could have affected the verdict. He described the state's position as focused on whether the allegedly improper references—such as some statements repeated by witnesses or the sergeant's report—would have changed the outcome. Jacobs characterized some nurse testimony as properly admitted under the medical-hearsay exception and argued that not all instances the defense identified were improper.
The bench pressed Jacobs on whether certain closing-argument phrases diluted the reasonable-doubt standard. Jacobs conceded the prosecutor was "perhaps a bit overzealous" in some moments but urged the court to apply harmless-error analysis when appropriate and, if convinced error was not prejudicial, to affirm the conviction.