Does a comment about defense counsel's awareness of appellant's sanity remedied by the court's instruction to the jury?

California, United States of America


The following excerpt is from People v. Cary, B271286 (Cal. App. 2017):

prosecutor's comment about defense counsel's awareness of appellant's sanity was remedied by the court's instruction to the jury. In reaching this conclusion, we do not agree that these comments were likely to have been construed by the jury as an attack on defense counsel's personal integrity. Instead, the prosecution's remarks were likely interpreted as "an admonition not to be misled by the defense interpretation of the evidence, rather than as a personal attack on defense counsel." (People v. Cunningham (2001) 25 Cal.4th 926, 1002-1003.)

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