Can a defense counsel disregard the truth in defense of their client's case?

California, United States of America


The following excerpt is from People v. Washington, F061674, Super. Ct. No. F10902147 (Cal. App. 2012):

The Gionis court distinguished People v. Hawthorne (1992) 4 Cal.4th 43, the case upon which defendant relies here, as follows: "In People v. Hawthorne, supra, the prosecutor pointedly argued that, while the state was obligated to present the truth and to make sure no innocent person was convicted, defense counsel was expected and permitted by law to disregard the truth in defense of his client. [Citation.] Those comments were clearly objectionable because they suggested that counsel was obligated or permitted to present a defense dishonestly. [Citation.] Here, however, the quotations did not seek to distinguish between the roles of the prosecutor and defense counsel and did not imply that counsel was offering a dishonest defense. In the context of this case, we are satisfied that the remarks properly served to remind the jury to focus on the relevant evidence and to not be swayed by argument alone. [Citation.]" (Gionis, supra, 9 Cal.4th at pp. 1216-1217, fn. 13.)

Other Questions


Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Is there any case law where defense counsel has argued that defense counsel did not specifically raise this ground on the ground of admissibility? (California, United States of America)
Is there any case law where a defense counsel has been found to have made a personal attack on the integrity of the defense counsel? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
In what circumstances will a defense counsel be required to rest his case without putting on a defense? (California, United States of America)
Is there any case law where a defense counsel indicated in limine discussions that their client would testify? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.