In what circumstances have comments by a prosecutor been found not to constitute prosecutorial misconduct?

comments do not constitute prosecutorial misconduct because they were properly made as rebuttal argument. In People v. McDaniel (1976) 16 Cal.3d 156, the defendant complained that during closing argument the prosecutor committed misconduct by improperly attempting to shift the burden of proof to the defendant. The court concluded that "there is no misconduct and note[d], moreover, that even otherwise prejudicial prosecutorial argument, when made within proper limits in rebuttal to arguments of defense counsel, do not constitute misconduct." (Id. at p. 177.)

In People v. Mendibles (1988) 199 Cal.App.3d 1277 (Mendibles), defense counsel improperly implied during closing argument that the prosecutor had influenced the victims' testimony by coaching them, and the victims had lied throughout the trial. In response, the prosecutor attempted to explain to the jury that there had not been any improper coaching of any witness. Rather, the court had ruled that certain topics were not to be mentioned on the witness stand and this was conveyed to the witnesses. The defendant complained that such comments by the prosecutor constituted prosecutorial misconduct because the prosecutor informed the jury by innuendo that the court had kept evidence of the defendant's guilt from the jury. (Id. at pp. 1312-1313.)