In what circumstances will a defendant be successful in a claim of prosecutorial error during a closing argument?
California, United States of America
The following excerpt is from People v. Cunningham, G056716 (Cal. App. 2019):
In evaluating a claim of prosecutorial error during closing argument, we must first determine whether any error occurred "keeping in mind that "'[t]he prosecution has broad discretion to state its views as to what the evidence shows and what inferences may be drawn therefrom'" [citation], and that a prosecutor 'may "vigorously argue his case" . . . , "[using] appropriate epithets warranted by the evidence.'"" (People v. Welch (1999) 20 Cal.4th 701, 752-753.)
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