Is there any case law where a prosecutor injected her own personal belief into her argument when she disparaged defendant's defense based on lack of intent to kill?

California, United States of America


The following excerpt is from People v. Anderson, 276 Cal.Rptr. 356, 52 Cal.3d 453, 801 P.2d 1107 (Cal. 1990):

4. Injection of Personal Belief--Defendant contends the prosecutor injected her own personal belief into her argument when she disparaged defendant's defense based on lack of intent to kill, characterizing it as a "smokescreen" suggesting it was "not true," and then stating, "We knew that beforehand. But it was for the purpose of keeping an open mind." According to defendant, the prosecutor's "beforehand" remark implied to the jury the prosecutor held a personal belief as to defendant's intent, based on evidence outside the record. (See People v. Bain (1971) 5 Cal.3d 839, 848, 97 Cal.Rptr. 684, 489 P.2d 564.) To the contrary, examined in context the prosecutor's remarks had a far less sinister connotation, referring merely to the jurors' (and not the prosecutor's) prior knowledge.

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