Several comments made by the prosecutor during closing argument constituted prosecutorial misconduct and placed Mr. Dvorak in a position of grave peril. In reviewing a claim of prosecutorial misconduct, the appellate court determines whether misconduct occurred, and if so, whether the misconduct placed the defendant in a position of grave peril. Booher v. State, 773 N.E.2d 814, 817 (Ind. 2002). Whether a prosecutor’s argument constituted misconduct is determined by case law and the rules of professional conduct. Mahla v. State, 496 N.E.2d 568, 572 (Ind. 1986). The gravity of peril of a prosecutor’s misconduct is measured by the persuasive effect the misconduct had on the jury’s decision, and not the degree of impropriety of the conduct. Coleman
