Is a prosecutor wrong to comment on the failure of a defense to produce its own experts?
California, United States of America
The following excerpt is from People v. Davis, C053799 (Cal. App. 4/10/2008), C053799 (Cal. App. 2008):
Defendant claims the prosecutor committed misconduct by faulting the defense for having failed to produce its own scientists and other experts. However, it is not misconduct for the prosecutor to comment on "`"the failure of the defense to introduce material evidence or call logical witnesses."' [Citation.]" (People v. Hughes (2002) 27 Cal.4th 287, 372.)
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