Is it unusual or improper to comment on the failure to call a logical witness?
California, United States of America
The following excerpt is from People v. Armstrong, E064927 (Cal. App. 2016):
"[I]t is neither unusual nor improper to comment on the failure to call logical witnesses. [Citations.]" (People v. Gonzales (2012) 54 Cal.4th 1234, 1275.) Doing so does not improperly shift the burden of proof to the defense. (People v. Zambrano (2007) 41 Cal.4th 1082, 1173, overruled on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.)
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