Does a prosecutor's improper comment on defendant's courtroom conduct affect the outcome of a jury trial?

California, United States of America


The following excerpt is from People v. Garcia, 160 Cal.App.3d 82, 206 Cal.Rptr. 468 (Cal. App. 1984):

On this record, it is not necessary to delve into an extended evidentiary analysis of whether it is reasonably probable, absent the prosecutor's improper comment on defendant's courtroom conduct, that there would have been a result more favorable to defendant. (People v. Watson, supra, 46 Cal.2d at p. 836, 299 P.2d 243.) The evidence presented against defendant at trial was overwhelming. While the prosecutor's closing argument should have avoided reference to defendant's courtroom conduct, it does not justify disturbing the guilty verdict.

For the foregoing reasons, the judgment is affirmed.

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