Does a prosecutor commit misconduct in closing argument by impugning the integrity of defense counsel?

California, United States of America


The following excerpt is from People v. Conkright, No. A149987 (Cal. App. 2018):

Even if we were to reach the merits of defendant's first contention, we would conclude it lacks merit. A prosecutor commits misconduct in closing argument by impugning the integrity of defense counsel or suggesting that counsel has fabricated a defense. (People v. Cash (2002) 28 Cal.4th 703, 732.) We find no such misconduct in the prosecutor's statements about defense counsel's "show," etc. upon our review of the record as a whole. In his closing argument defense counsel had made a dramatic personal appeal to the jury, telling them that defendant "has taught me a lot. . . . Truth and justice. I'd forgot[ten] that. As you get long in the tooth and your hair turns gray and you worry about

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