What is the current state of the law on personal attacks on the integrity of opposing counsel?

California, United States of America


The following excerpt is from People v. Castro, B264800 (Cal. App. 2016):

"Although counsel have broad discretion in discussing the legal and factual merits of a case [citation], it is improper to . . . resort to personal attacks on the integrity of opposing counsel [citation]." (People v. Bell (1989) 49 Cal.3d 502, 538.) "If there is a reasonable likelihood that the jury would understand the prosecutor's statements as an assertion that defense counsel sought to deceive the jury, misconduct would be established." (People v. Cummings (1993) 4 Cal.4th 1233, 1302.) " '[A] "prosecutor is [also] prohibited from vouching for the credibility of witnesses or otherwise bolstering the veracity of their testimony by referring to evidence outside the record." [Citation.]' " (People v. Redd (2010) 48 Cal.4th 691, 740.)

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