Does a prosecutor's comment on the lack of evidence showing bias and misconduct shift the burden of proof?

California, United States of America


The following excerpt is from People v. Saephan, C079746 (Cal. App. 2018):

The prosecutor's comment on the lack of evidence showing witness bias and misconduct did not impermissibly shift the burden of proof. "A distinction clearly exists between the permissible comment that a defendant has not produced any evidence, and on the other hand an improper statement that a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence." (People v. Bradford (1997) 15 Cal.4th 1229, 1340.) The prosecutor's comments on the lack of evidence did not shift the burden of proof where he clearly reiterated the prosecution had the burden of proof and defendant had no duty or burden to produce evidence. (Ibid.) Comments on the state of the evidence and the defendant's failure to introduce material evidence or call logical

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witnesses are permissible, and an objection by counsel to the prosecutor's argument would have been overruled. (People v. Carter (2005) 36 Cal.4th 1215, 1266.)

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