Is misconduct for a prosecutor to encourage the jury to speculate about facts not in evidence?

California, United States of America


The following excerpt is from People v. Macklin, F077129 (Cal. App. 2020):

Defendant argues it was misconduct for the prosecutor to encourage the jury to speculate about facts not in evidence. For that proposition, defendant relies exclusively on the prohibition of prosecutors mischaracterizing the evidence articulated in People v. Hill (1998) 17 Cal.4th 800 at page 823.

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