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.
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