Is a prosecutor permitted to urge, in colorful terms, that defense witnesses not entitled to credence, to comment on failure to produce logical evidence?

California, United States of America


The following excerpt is from People v. Smith, D065632 (Cal. App. 2014):

"The prosecutor is permitted to urge, in colorful terms, that defense witnesses are not entitled to credence, to comment on failure to produce logical evidence, [and] to argue on the basis of inference from the evidence that a defense is fabricated." (People v. Pinholster (1992) 1 Cal.4th 865, 948.) "A distinction clearly exists between the permissible comment that a defendant has not produced any evidence, and on the other hand an improper statement that a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence." (People v. Bradford (1997) 15 Cal.4th 1229, 1340.)

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