Can counsel argue from the evidence that a witness's testimony is unsound, unbelievable or even patent lie?

California, United States of America

The following excerpt is from People v. Rodarte, B247662 (Cal. App. 2014):

A prosecutor has wide latitude to discuss, argue reasonable inferences from, and comment upon the evidence. (Cole, supra, 33 Cal.4th at p. 1203.) "'[C]ounsel can argue from the evidence that a witness's testimony is unsound, unbelievable, or even a patent lie.'" (People v. Bennett (2009) 45 Cal.4th 577, 615.) Although a prosecutor "may not

Page 21
suggest that 'a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence'" (People v. Young (2005) 34 Cal.4th 1149, 1195-1196), comments on the state of the evidence or on the defense's failure to call logical witnesses, introduce material evidence, or rebut the People's case are permissible (People v. Medina (1995) 11 Cal.4th 694, 755).

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is there any evidence that a witness's testimony is unsound, unbelievable or even patent lie? (California, United States of America)

If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)

Does a competent, unconflicted counsel who submitted on the evidence at the preliminary hearing, should have argued to the trial court that this evidence did not establish the lawful duty element beyond a reasonable doubt? (California, United States of America)

Does Counsel's failure to object to evidence of a hypodermic needle and vial evidence constitute ineffective assistance of counsel? (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 in which a defendant has argued that defense counsel should have sought to exclude or restrict the impeachment evidence discussed in Section II of the California Evidence Code? (California, United States of America)

Can counsel argue that counsel argued that a motion for a new trial was invalid on the grounds of "irregularity in the proceedings"? (California, United States of America)

Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)

When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)

Can a court appoint a new counsel for the purpose of arguing that previous counsel was incompetent? (California, United States of America)

Can counsel argue from the evidence that a witness's testimony is unsound, unbelievable or even patent lie?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources