In what circumstances will a prosecutor be allowed to argue that defense counsel's assessment of the evidence is absurd?

California, United States of America


The following excerpt is from People v. Gerhartsreiter, B251546 (Cal. App. 2015):

Here, the prosecutor was not denigrating defendant's counsel. When the remarks are viewed in context, it is clear that the prosecutor was arguing that defense counsel's assessment of the evidence was absurd. Such comments are well within the permissible scope of argument. (People v. Gionis, supra, 9 Cal.4th at p. 1218.)

Other Questions


Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
In what circumstances will a prosecutor be allowed to ask a defense counsel to explain to the jury what to do with the question "If you're confused and you're sidetracked?" (California, United States of America)
In what circumstances has a prosecutor engaged in fair comment on the evidence and not demeaned defense counsel? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.