How have the courts treated a prosecutor's argument that appellant was mentally disabled?

California, United States of America


The following excerpt is from The People v. Reyes, B214384, No. BA324849 (Cal. App. 2010):

Appellant also takes issue with the prosecutor's argument that appellant's school records did not indicate he was mentally retarded. He contends that the argument was unfair because the prosecutor knew that the school district could not diagnose appellant as retarded. But the prosecutor's argument was properly based on the evidence and he did not substantially misstate the facts or go beyond the record. We find the prosecutor did not employ deceptive or reprehensible methods to persuade the jury. (People v. Dennis, supra, 17 Cal.4th at p. 522.)

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