Can a prosecutor comment on the state of the evidence or on the defense's failure to call logical witnesses?

California, United States of America


The following excerpt is from People v. Cervantes, B269457 (Cal. App. 2017):

"A prosecutor may fairly comment on and argue any reasonable inferences from the evidence. [Citation.] Comments on the state of the evidence or on the defense's failure to call logical witnesses, introduce material evidence, or rebut the People's case are generally permissible. [Citation.] However, a prosecutor may not suggest that 'a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence.' [Citations.]" (People v. Woods (2006) 146 Cal.App.4th 106, 112.)

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