Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case?

California, United States of America


The following excerpt is from People v. Weece, F077362 (Cal. App. 2020):

It is "improper for the prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case." (People v. Sandoval (1992) 4 Cal.4th 155, 183.) But it is not misconduct to challenge "the persuasive force of defense counsel's closing argument." (People v. Zambrano (2007) 41 Cal.4th 1082, 1155, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.)

In the referenced rebuttal argument, the prosecutor did not imply defense counsel "fabricated a defense." Rather, she was arguing the evidence should be read differently from the manner defense counsel argued, and that Doe 3's statements could be reconciled. This did not amount to an attack on defense counsel personally, but rather was a permissible challenge to the persuasive force of defense counsel's closing argument. (See People v. Dykes, supra, 46 Cal.4th at p. 772.)

Other Questions


Is a prosecutor misconduct to state or imply that defense counsel has fabricated a defense? (California, United States of America)
Is it improper for a prosecutor to accuse a defense counsel of fabricating a defense or imply that counsel is free to deceive the jury? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Is it generally improper for a prosecutor to accuse defense counsel of fabricating a defense, or to imply that counsel is free to deceive the jury? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Does a prosecutor have the authority to imply that defense counsel fabricated a defense? (California, United States of America)
Is it improper for a prosecutor to imply that a defense counsel has fabricated evidence? (California, United States of America)
Can a prosecutor in a sexual assault case portray defense counsel as a villain who is attacking the victim? (California, United States of America)
Is it misconduct to state or imply that defense counsel fabricated a defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.