California, United States of America
The following excerpt is from People v. Boykin, F064577 (Cal. App. 2013):
basis of inference from the evidence that a defense is fabricated ....' " (People v. Boyette (2002) 29 Cal.4th 381, 433.) "It is not misconduct ... for the prosecutor to comment on the credibility of defense witnesses, if such comments are based on the evidence." (People v. Sloan (1963) 223 Cal.App.2d 96, 99.)
However, the prosecutor's statement about Smith lying was an argumentative "speech to the jury masquerading as a question." (People v. Chatman (2006) 38 Cal.4th 344, 384.) The trial court properly sustained defense counsel's objection that the comments were argumentative.
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