Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial

QUESTION PRESENTED FOR REVIEW 1. Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial when it shifted burden of proof by stating that defense counsel failed to produce evidence to support theory of defense, and that he personally and purposely tried to “distract” jury by wanting them to forget evidence? 2. Whether Petitioner’s right to confidential marital communications with her spouse via text messages was waived when she consented to search of her cell phone? : i