What is the test for misconduct in the closing argument of a criminal trial?

California, United States of America


The following excerpt is from People v. Perez, G054043 (Cal. App. 2018):

Next, defendant contends the prosecutor erred by denigrating defense counsel in closing argument. "Prosecutorial argument that denigrates defense counsel directs the jury's attention away from the evidence and is therefore improper. [Citation.] In evaluating a claim of such misconduct, we determine whether the prosecutor's comments were a fair response to defense counsel's remarks." (People v. Young (2005) 34 Cal.4th 1149, 1189.)

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