How have the courts treated defense counsel's failure to introduce material evidence in closing argument?

California, United States of America


The following excerpt is from The People v. Torres, B208896 (Cal. App. 2011):

witnesses or introduce material evidence. (Medina, supra, 11 Cal.4th at p. 755; People v. Vargas (1973) 9 Cal.3d 470, 475.) The prosecutor in the instant case noted defense counsel's failure in closing argument to offer any alternate explanation of the events at issue. She pointed out to the jury that although the defense repeatedly attacked the victim's credibility, defense counsel never gave the jury a "logical explanation" for why the victim would go to such great lengths to make up a story about appellant. Contrary to appellant's contention, the prosecutor made no comment nor even an indirect reference regarding appellant's failure to testify.

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