Is it misconduct for defense counsel to refuse to object to a prosecutor's characterization of a conviction of voluntary manslaughter as giving a killer a "break"?
California, United States of America
The following excerpt is from People v. Salazar, B280129 (Cal. App. 2018):
misconduct. Nor was it misconduct for the prosecutor to characterize a conviction of voluntary manslaughter as giving a killer a "break." (People v. Najera (2006) 138 Cal.App.4th 212, 220 [court "excused as vigorous argument" the prosecutor's reference to manslaughter as giving defendant "a break" based on heat of passion and as throwing defendant "a bone"].) Thus, defense counsel was not ineffective for failing to object.
"The most advanced legal research software ever built."
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.
Other Questions
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (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)
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)
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 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)
What is the test for misconduct by a prosecutor at a civil trial where the prosecutor made comments that defense counsel did not object to? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (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)
Can a defense counsel refuse to assign a prosecutor's brief comment as misconduct? (California, United States of America)
