Is a prosecutor misconduct if they attacks the integrity of defense counsel?

California, United States of America


The following excerpt is from People v. Silva, F066141 (Cal. App. 2014):

"A prosecutor commits misconduct if he or she attacks the integrity of defense counsel, or casts aspersions on defense counsel. [Citations.]" (People v. Hill (1998) 17 Cal.4th 800, 832.) "[I]t [is] improper for the prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case. It is not necessary to find that such implication impinges upon defendant's constitutional right to counsel. [Citation.] Instead it is sufficient to note that defendant's conviction should rest on the evidence, not on derelictions of his counsel. [Citations.] Casting uncalled for aspersions on defense counsel directs attention to largely irrelevant matters and does not

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constitute comment on the evidence or argument as to inferences to be drawn therefrom.' [Citation.]" (People v. Sandoval (1992) 4 Cal.4th 155, 183-184.)

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