Does the prosecution have the authority to attack a defense case and argument?

California, United States of America


The following excerpt is from People v. Quintero, H039290 (Cal. App. 2014):

The court's ruling was proper in the defense closing argument, counsel had used "broken wrists" as an illustration of great bodily injury. The attack on this argument fell within the prosecution's wide latitude. (See People v. Bemore, supra, 22 Cal.4th at p. 846; see People v. Smith (2003) 30 Cal.4th 581, 635 [attacking the defense case and argument is proper].) Defendant does not contend that the prosecutor misstated the law. Moreover, the court directed the jury to its instructions, which was sufficient to cure any conceivable harm.

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