How have courts treated comments made by a prosecutor to a jury in a sexual assault case?

California, United States of America


The following excerpt is from People v. Linderman, E053371 (Cal. App. 2013):

Such remarks were not improper. They constituted fair comment on the evidence presented at trial and were benign. "Prosecutors have wide latitude to discuss and draw inferences from the evidence at trial." (People v. Dennis (1998) 17 Cal.4th 468, 522.) The prosecutor's comments were founded on the state of the evidence and the potential for the jury to question why certain charges were not filed. The prosecutor merely noted the obvious and appropriately admonished the jury that it should not be concerned with this. Furthermore, even if the remarks were improper, such error was harmless.

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