In closing argument in a murder trial, can the prosecutor argue that defendant failed to demonstrate he was under the influence of methamphetamine at the time of the crime?
California, United States of America
The following excerpt is from People v. St. Orozco, A138971 (Cal. App. 2015):
In People v. Valencia, the prosecutor stated in closing argument that defendant had failed to demonstrate he was under the influence of methamphetamine when he committed the murder. (People v. Valencia (2008) 43 Cal.4th 268, 284.) Defendant argued this misstated the evidence because at the time of his arrest, his blood tested positive for methamphetamine. There was, however, no evidence defendant was under
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