California, United States of America
The following excerpt is from People v. Washington, F061674, Super. Ct. No. F10902147 (Cal. App. 2012):
The Gionis court distinguished People v. Hawthorne (1992) 4 Cal.4th 43, the case upon which defendant relies here, as follows: "In People v. Hawthorne, supra, the prosecutor pointedly argued that, while the state was obligated to present the truth and to make sure no innocent person was convicted, defense counsel was expected and permitted by law to disregard the truth in defense of his client. [Citation.] Those comments were clearly objectionable because they suggested that counsel was obligated or permitted to present a defense dishonestly. [Citation.] Here, however, the quotations did not seek to distinguish between the roles of the prosecutor and defense counsel and did not imply that counsel was offering a dishonest defense. In the context of this case, we are satisfied that the remarks properly served to remind the jury to focus on the relevant evidence and to not be swayed by argument alone. [Citation.]" (Gionis, supra, 9 Cal.4th at pp. 1216-1217, fn. 13.)
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