Is a prosecutor misconduct by commenting on a defense's failure to call a witness that the prosecutor knows is unavailable?
California, United States of America
The following excerpt is from People v. Anaya, C071288 (Cal. App. 2014):
Defendant contends that the prosecutor committed misconduct, violating defendant's state and federal rights to due process and to remain silent, by commenting on the defense's failure to call a witness who was unavailable. Citing People v. Frohner (1976) 65 Cal.App.3d 94, he claims that "a prosecutor may not comment on the defense's failure to call a witness the prosecutor knows is unavailable."
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