The following excerpt is from Michaels v. Chappell, CASE NO. 04cv0122-JAH (JLB) (S.D. Cal. 2014):
were supported by both physical and testimonial evidence, demonstrating that she was attacked and murdered in her bedroom, after the killers had waited for her to go to sleep. See Fields v. Woodford, 309 F.3d 1095, 1109 (9th Cir. 2002) (rejecting claim of misconduct where prosecutor's closing argument asked jurors to imagine themselves as the victim, in light of fact that contested comments were supported by the evidence presented at trial and jury was instructed that arguments of counsel were not evidence.)
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