Is it misconduct for a prosecutor to argue defense counsel's job is to "confuse and throw sand in your eyes"?

California, United States of America


The following excerpt is from People v. Silva, F066141 (Cal. App. 2014):

was talking out of both sides of his mouth and that this was " 'great lawyering' "]; People v. Bell (1989) 49 Cal.3d 502, 538 [not misconduct when prosecutor argued defense counsel's job was to " 'confuse []' " and " 'throw sand in your eyes,' " and that counsel " 'does a good job of it' "].)

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