When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct?
California, United States of America
The following excerpt is from People v. Scherer, A132585 (Cal. App. 2013):
But not every criticism of defense counsel falls into that category. When such criticism is limited to commenting on a particular defense attorney's conduct at trial, the rule is different. There is no misconduct if a prosecutor's arguments constitute fair response to something defense counsel himself has said or done at trial. (People v. Pearson (2013) 56 Cal.4th 393, 431-432.)
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