Is there any misconduct by the Attorney General during the penalty phase of a Page 20 capital case?
California, United States of America
The following excerpt is from People v. Gitelman, B267825 (Cal. App. 2017):
The Attorney General contends that there was no misconduct because " 'a [p]rosecutor may ask the jurors to put themselves in the shoes of the victim.' " This exception to the general rule, however, applies only during the penalty phase of
Page 20
capital cases. (People v. Vance, supra, 188 Cal.App.4th at p. 1199.) It does not apply in this case.
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