Is it improper to comment upon a defendant's failure to introduce material evidence or to call logical witnesses?
California, United States of America
The following excerpt is from People v. Ortiz, B243676 (Cal. App. 2014):
"[P]rosecutorial comment upon a defendant's failure 'to introduce material evidence or to call logical witnesses' is not improper. [Citations.]" (People v. Wash (1993) 6 Cal.4th 215, 263.) In particular, the failure to call close relatives who could corroborate the defendant's testimony is relevant and may be brought out by the prosecutor. (People v. Chatman (2006) 38 Cal.4th 344, 403.) Here, it is only by quoting snippets of argument that defendant can argue that the prosecutor meant to imply something improper.13
If defendant had objected to the challenged remarks, the trial court would undoubtedly have overruled the objection, as there was no misconduct. Nor did counsel render ineffective assistance by not making unmeritorious objections. (See People v.
Page 40
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
