Can a prosecutor argue that the burden of proof to impeach the witness identifications was not changed?
California, United States of America
The following excerpt is from People v. Calvin, D058392, Super. Ct. No. FSB047782 (Cal. App. 2011):
Calvin alleges the prosecutor's argument impermissibly shifted the burden of proof to him to impeach the witness identifications. First, we note that Calvin presents no law on point to support that theory. He relies on Sandstrom v. Montana (1979) 442 U.S. 510, 524, which states that a jury instruction may not invade the presumption of innocence,
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