California, United States of America
The following excerpt is from People v. Guinto, A144303 (Cal. App. 2016):
The prosecutor's comment about defense counsel's "tactics of lies" sails closer to the line of impermissible argument. "Casting uncalled-for aspersions on defense counsel directs attention to largely irrelevant matters." (People v. Sandoval (1992) 4 Cal.4th 155, 183-184; People v. Hill (1998) 17 Cal.4th 800, 832 [it is misconduct to cast aspersions on defense counsel or attack counsel's integrity].) But we cannot say with any degree of certainty that, in the context of the parties' arguments, the trial court would have found
Page 9
the comment transgressed the "wide latitude" given the prosecutor in argument. (People v. Bemore, supra, 22 Cal.4th at p. 846.) Nor can we say whether highlighting the prosecutor's comment with an objection would have risked more harm than good; certainly, competent defense counsel could reasonably have decided the risk outweighed the possible benefit to be gained by objecting. Accordingly, Guinto has not shown his legal representation was inadequate.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.