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was, at most, an implicit challenge to the defense to offer an explanation for the gun’s absence, we find no error. Id.” Accord, Navarro v. State , 279 Ga.App. 311, 630 S.E.2d 893 (May 11, 2006); Murray v. State , 297 Ga.App. 571, 677 S.E.2d 745 (April 17, 2009); Arrington v. State , 286 Ga. 335, 687 S.E.2d 438 (November 9, 2009); Lipscomb v. State , 315 Ga.App. 437, 727 S.E.2d 221 (April 9, 2012) (physical precedent only); Ellington v. State , 292 Ga. 109, 735 S.E.2d 736 (November 19, 2012) (“An argument ‘that the defendant has not rebutted or explained the State's evidence’ is not an improper burden-shifting argument,” quoting Arrington v. State, 286 Ga. 335, 346, 687 S.E.2d 438 (2009)); Maurer v. State , 320 Ga.App. 585, 740 S.E.2d 318 (March 21, 2013). Pinch v. State, 265 Ga.App. 1, 593 S.E.2d 1 (December 2, 2003). DUI conviction affirmed. Regarding DUI defendant’s refusal to take breath test, prosecutor argued, “‘it’s possible that he could have gone home that night’” if he had taken the test, and “‘there was a chance to show sobriety.’” Court properly sustained objections to these arguments as being burden-shifting , but was not required to grant mistrial; curative instructions to the jury were sufficient. Accord, State v. Mitchell , 326 Ga.App. 370, 756 S.E.2d 609 (March 20, 2014) (argument that defendant did “not take the opportunity to prove [his] innocence” by taking the breath test requested by the officer was improperly burden-shifting; trial court properly granted motion for new trial after failing to give curative instruction upon objection). Distinguished, Scott v. State , 332 Ga.App. 559, 774 S.E.2d 137 (June 18, 2015) (physical precedent only on this point; passing reference to independent test obtained by defendant but not introduced into evidence wasn’t burden-shifting). Turner v. State, 241 Ga.App. 431, 526 S.E.2d 95 (November 22, 1999). Physical precedent only. Defendant’s conviction for vehicular homicide affirmed; prosecutor’s closing argument was not improper: “He doesn’t have any evidence presented to you that the defendant did not cause this accident.” “The State may argue that evidence presented by the defense failed to rebut the State's case. Thornton v. State, 264 Ga. 563, 567(4)(a), 449 S.E.2d 98 (1994).” Accord, Wilder v. State, 243 Ga.App. 807, 534 S.E.2d 487 (May 3, 2000) (“no error in the State's remarks during closing that the evidence of the offenses ‘was undisputed.’ The State may properly argue that the evidence of guilt has not been rebutted or contradicted.”). Miller v. State, 240 Ga.App. 18, 522 S.E.2d 519 (September 13, 1999). Prosecutor’s argument was not improper: “[T]he only evidence in this case is the State's evidence. The defense has the subpoena powers. They're able to bring witnesses, but they have not.” “‘“We view the remarks to be a permissible comment on defendant's failure to adduce evidence rebutting the State's evidence. [Cits.]”’ Williams v. State, 200 Ga.App. 84, 86(3), 406 S.E.2d 498 (1991).” Accord, Campbell v. State , 329 Ga.App. 317, 764 S.E.2d 895 (October 20, 2014) (prosecutor’s closing argument, pointing out defense’s ability to subpoena and present witnesses, was not improper); Andrews v. State , 331 Ga.App. 353, 771 S.E.2d 59 (March 19, 2015). Johnson v. State, 271 Ga. 375, 519 S.E.2d 221 (July 6, 1999). Murder and related convictions affirmed; prosecutor’s “make them explain” argument was not improperly burden shifting. “Johnson complains that the prosecutor's ‘make them explain’ argument impermissibly shifted the burden of proof and was a comment on the defendant's failure to testify. During closing argument, the prosecutor repeatedly asked the jury to make the defense explain various pieces of circumstantial evidence. Before beginning his ‘make them explain’ phase of the argument, the prosecutor reminded the jury that the defendant does not have to present any evidence and the State has the burden of proof. We conclude that this argument did not shift the burden of proof or constitute an improper comment on Johnson's failure to testify. See Ward v. State, 262 Ga. 293(6)(a), 417 S.E.2d 130 (1992) (‘make them explain’ argument not improper); United States v. Norton, 867 F.2d 1354, 1364 (11 th Cir., 1989). The State's comments were not directed at the defendant's decision not to testify; instead, they were directed at defense counsel's failure to rebut or explain the State's evidence. Id.; Ingram v. State, 253 Ga. 622(8), 323 S.E.2d 801 (1984) (while a prosecutor may not comment on a defendant's failure to testify, he may argue that evidence of guilt has not been contradicted or rebutted).” Accord, Jackson v. State , 258 Ga.App. 806, 575 S.E.2d 713 (December 11, 2002); Johnson v. State , 293 Ga. 641, 748 S.E.2d 896 (September 23, 2013). 8. CONTENT – COMPARISON TO OTHER CRIMES/EVENTS Johnson v. State, 328 Ga.App. 702, 760 S.E.2d 682 (July 15, 2014). Whole court opinion. Rape conviction affirmed. Trial court erred, but harmless, in sustaining objection to defense closing argument comparing defendant’s case to “when the Duke lacrosse players were all charged with rape.” “Analogizing a defendant or a defendant's case to another well-known defendant or case is permissible during argument if the analogy is supported by facts in evidence.” Harmless because evidence was overwhelming and “Johnson's right to make a closing argument was not completely abridged; defense counsel repeatedly argued that the victim falsely accused Johnson of rape based on her shame and guilt resulting from her voluntary sexual activity with her mother's boyfriend. And the court permitted counsel to compare the case with To Kill a
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