Can a prosecutor characterize a defense witness's testimony as "bull"?

California, United States of America


The following excerpt is from People v. Mendoza, A139901, A140431 (Cal. App. 2017):

unsound, unbelievable, or even a patent lie." ' " (Id. at p. 797 [the prosecutor may characterize a defense witness's testimony "as 'bull'"].) Although "a prosecutor may not express a personal opinion or belief in a witness's credibility when there is ' "substantial danger that jurors will interpret this as being based on information at the prosecutor's command, other than evidence adduced at trial," ' [citation]" (People v. Fauber (1992) 2 Cal.4th 792, 822), the cited remarks did not present such danger. Nor does defendant Mendoza suggest they did. To the contrary, in each instance, the prosecutor tied her argument to evidence entered in the record. Viewed in context, the remarks were a fair comment on the evidence.

Other Questions


Can a prosecutor's comment that testimony or defense was "fabricated" properly be characterized as an attempt to impugn the integrity of a defense attorney? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is it misconduct for a prosecutor to urge the jury not to be misled by defense counsel's characterization of the witness testimony? (California, United States of America)
In what circumstances have the defense forfeited any challenge to the prosecutor's joke about defense experts who adjust their testimony to the needs of their client? (California, United States of America)
Does a prosecutor's characterization of a defense strategy as "ink from the octopus" constitute misconduct or denigration of 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 defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
Does a prosecutor have the authority to imply that defense counsel fabricated a defense? (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)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.