In what circumstances will the defense argue that the prosecutor improperly shifted the burden of proof to the defense?
California, United States of America
The following excerpt is from People v. Martinez, B277395 (Cal. App. 2018):
10. For essentially the same reasons, we also reject the argument that the prosecutor improperly shifted the burden of proof to the defense. In our view, the prosecutor did not shift the burden of proof, but merely argued the testimony of the defendants had not undermined the prosecution's case. (See People v. Leonard (2007) 40 Cal.4th 1370, 1408.)
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