Does a prosecutor's brief commentary on the tactics of defense counsel constitute misconduct?

California, United States of America


The following excerpt is from People v. Rocha, B270706 (Cal. App. 2018):

"It is settled that 'even otherwise prejudicial prosecutorial argument, when made within proper limits in rebuttal to arguments of defense counsel, does not constitute misconduct.' [Citations.]" (People v. Mendibles (1988) 199 Cal.App.3d 1277, 1313.) The prosecutor's brief commentary on the tactics of defense counsel did not constitute an egregious pattern of conduct

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