California, United States of America
The following excerpt is from People v. Walker, A135326 (Cal. App. 2014):
Defendant also claims the prosecutor committed misconduct and violated the equitable doctrine of judicial estoppel by taking incompatible positions to gain an unfair advantage at the second trial. (People v. Castillo (2010) 49 Cal.4th 145, 155.) And, he asserts the prosecutor committed misconduct by telling the jury in his rebuttal portion of his closing argument that defendant was hoping the jury would "let him walk away from a murder charge." We disagree.
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