Can a prosecutor impugently impugge the integrity of defense counsel?

California, United States of America


The following excerpt is from People v. Smith, 134 Cal.Rptr.2d 1, 30 Cal.4th 581, 68 P.3d 302 (Cal. 2003):

Defendant contends the prosecutor impermissibly impugned the integrity of defense counsel. We have reviewed the comments he cites and see nothing improper. The prosecutor did not attack defense counsel's integrity but instead attacked the defense case and argument. Doing so is proper and is, indeed, the essence of advocacy. "[T]he prosecutor has wide latitude in describing the deficiencies in opposing counsel's tactics and factual account." (People v. Bemore (2000) 22 Cal.4th 809, 846, 94 Cal.Rptr.2d 840, 996 P.2d 1152.)

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