Does a prosecutor commit misconduct by highlighting a defendant's failure to call a logical witness?

California, United States of America


The following excerpt is from People v. Lockett, G060404 (Cal. App. 2021):

However, a prosecutor does not commit misconduct by highlighting a defendant's failure to call logical witnesses: It is now well established that although Griffin prohibits reference to a defendant's failure to take the stand in his own defense, that rule does not extend to comments on the state of the evidence or on the failure of the defense to introduce material evidence or to call logical witnesses.' (People v. Vargas (1973) 9 Cal.3d 470, 475-476.)

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