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


The following excerpt is from People v. Norman, A135815 (Cal. App. 2014):

prosecutor's comment that testimony or a defense was "fabricated" may not, without more, properly be characterized as an attempt to impugn the honesty or integrity of the defense attorney. (People v. Cummings (1993) 4 Cal.4th 1233, 1303, fn. 49.) Here, the comment was more oblique and less likely to have given the jury a negative impression of defense counsel's ethics. There was no prosecutorial misconduct.

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