Can a prosecutor argue that the jury draw the most damaging and/or the least damaging meaning from the prosecutor's statements?
California, United States of America
The following excerpt is from People v. Adams, 179 Cal.Rptr.3d 644, 336 P.3d 1223, 60 Cal.4th 541 (Cal. 2014):
or applied the complained-of comments in an improper or erroneous manner. [Citations.] In conducting this inquiry, we do not lightly infer that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements. (People v. Dykes (2009) 46 Cal.4th 731, 771772, 95 Cal.Rptr.3d 78, 209 P.3d 1.) Here, the prosecutor's lengthy argument,
[60 Cal.4th 578]
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