Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity?

California, United States of America


The following excerpt is from People v. Young, 105 P.3d 487, 24 Cal.Rptr.3d 112, 34 Cal.4th 1149 (Cal. 2005):

We find no misconduct. "To observe that an experienced defense counsel will attempt to `twist' and `poke' at the prosecution's case does not amount to a personal attack on counsel's integrity." (People v. Medina (1995) 11 Cal.4th 694, 759, 47 Cal.Rptr.2d 165, 906 P.2d 2 (Medina).) Here, each side was simply urging the jury to draw different inferences from the evidence. As such, the prosecutor's comments were a fair response to defense counsel's remarks.

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