California, United States of America
The following excerpt is from People v. Mendoza, A139901, A140431 (Cal. App. 2017):
unsound, unbelievable, or even a patent lie." ' " (Id. at p. 797 [the prosecutor may characterize a defense witness's testimony "as 'bull'"].) Although "a prosecutor may not express a personal opinion or belief in a witness's credibility when there is ' "substantial danger that jurors will interpret this as being based on information at the prosecutor's command, other than evidence adduced at trial," ' [citation]" (People v. Fauber (1992) 2 Cal.4th 792, 822), the cited remarks did not present such danger. Nor does defendant Mendoza suggest they did. To the contrary, in each instance, the prosecutor tied her argument to evidence entered in the record. Viewed in context, the remarks were a fair comment on the evidence.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.