How have courts treated a prosecutor's warning to counsel that emotion would override the evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Clark (In re Clark), B279396, B291549 (Cal. App. 2020):

counsel discussed that trial would be about emotion overriding the evidence, and his counsel was "brillian[t]" at that. Defense counsel objected, and the trial court warned the prosecutor he was "walking on very dangerous ground. I understand why you want some of it to come in, but what I cannot and will not allow is for this to be manipulated in some way impugning the integrity of the defense." The trial court's warning was fair, because it is misconduct for a prosecutor to impugn defense counsel's integrity or to suggest defense counsel fabricated a defense. (People v. Cash (2002) 28 Cal.4th 703, 732.) Even so, it was a warning. As the trial court acknowledged, the prosecutor had not yet crossed the line. No misconduct occurred.

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