How have the courts interpreted the argument in a trial where a prosecutor argued that a defendant had not even considered whether to switch lanes?

California, United States of America

The following excerpt is from People v. Clemena, B223740, Los Angeles County Super. Ct. No. NA080423 (Cal. App. 2011):

We find no misconduct in this portion of the argument. Taken as a whole, the prosecutor's argument about switching lanes was an example of "careful thought" and "reflection" (CALJIC No. 8.67)looking in the blind spot, checking the conditions in three, separate lanes to determine whether it is safe to switch. We do not find that her comment, "You do it without even thinking about it," rendered the trial fundamentally unfair or constituted a deceptive or reprehensible method. Nor do we find "a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (People v. Morales, supra, 25 Cal.4th at p. 44.) The prosecutor was arguing that a person can carefully consider a course of action in an instant.

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