Does a prosecutor commit misconduct in arguing to the jury that defense counsel does not believe in his client's defense?

California, United States of America


The following excerpt is from People v. Guru, C081011 (Cal. App. 2018):

A prosecutor commits misconduct in arguing to the jury that defense counsel does not believe in his client's defense, has fabricated evidence, or is otherwise the villain in the case. (People v. Thompson (1988) 45 Cal.3d 86, 112-113.) "Casting uncalled for aspersions on defense counsel directs attention to largely irrelevant matters and does not constitute comment on the evidence or argument as to inferences to be drawn therefrom." (Id. at p. 112.) The question is whether the prosecutor's comments were on the evidence and weaknesses in the defense case, or on irrelevant matters. (Id. at pp. 112-113.)

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