Is a prosecutor permitted to describe a defense counsel's tactics in "criving terms" as "lies"?

California, United States of America


The following excerpt is from People v. Arroyo, C077805 (Cal. App. 2017):

out to be. A prosecutor is given " 'wide latitude in describing the deficiencies in opposing counsel's tactics and factual account.' " (People v. Redd (2010) 48 Cal.4th 691, 735.) The prosecutor's description of defense counsel's tactic here did not amount to misconduct, and it is not reasonably probable that the jury construed it as an attack on defense counsel's integrity.

The prosecutor's reference to "lies" likewise did not amount to misconduct. After defense counsel objected and following a side bar, the prosecutor clarified that she was "referring to the defendant's lies, the things that he has told." This was a fair comment on the evidence. (People v. Hinton (2006) 37 Cal.4th 839, 871.) " 'The prosecutor is permitted to urge, in colorful terms, that defense witnesses are not entitled to credence . . . .' [Citation.]" (People v. Earp (1999) 20 Cal.4th 826, 863.) That is what the prosecutor did here.

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)
Is a prosecutor's comment about defense counsel's "tactics of lies" impermissible argument? (California, United States of America)
Is there any case law where a trial counsel's argument to the jury that a lack of tactical purpose or satisfactory explanation for defense counsel's omission was a tactical error? (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)
Does the absence of objection and defense counsel's failure to strike a prosecutor's inappropriate use of the term "murder" to describe homicides on appeal? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Is it generally improper for a prosecutor to accuse defense counsel of fabricating a defense, or to imply that counsel is free to deceive the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.