Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Evans, B224076 (Cal. App. 2011):

Appellants argue the prosecutor committed misconduct by impugning the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter. The prosecutor's argument was improper, and the trial court sustained an objection. (See People v. Thompson (1988) 45 Cal.3d 86, 112

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[improper for the prosecutor to portray defense counsel as the villain in a case or to argue defense counsel does not believe his or her client's defense]; People v. Reyes (1974) 12 Cal.3d 486, 506 [name calling of defense counsel should be avoided].) After the court sustained the objection, the prosecutor did not repeat the accusation. Appellants demonstrate no prejudice from the prosecutor's brief statement in the midst of her lengthy argument, and we find none. The gist of her argument -- that the evidence of voluntary manslaughter was weak -- was a fair comment.

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