Does a prosecutor's argument that the defense worked hard to manufacture doubt about the prosecution's case constitute misconduct?

California, United States of America


The following excerpt is from People v. Phung, G037025 (Cal. App. 9/27/2007), G037025 (Cal. App. 2007):

With these principles in mind, we address defendant's complaints in turn. The prosecutor's argument that the defense worked hard to manufacture doubt about the prosecution's case did not constitute misconduct. Properly construed, the argument served as a "`a reminder to the jury that it should not be distracted from the relevant evidence and inferences that might properly and logically be drawn therefrom.'" (People v. Williams (1996) 46 Cal.App.4th 1767, 1781 [prosecutor argued defense counsel had to "`obscure the truth'" and "`to manufacture doubt where none exist[ed]'" because facts pointed toward guilt].)

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