CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Court Control of Proceedings
......Comments by DA to Jury
4 Cards On This Topic:
Prosecutor's opening statement that defendant would testify did not amount to misconduct where defendant's counsel made assurances defendant would testify but defendant then abandoned that strategy.
DA's comments to jury did not amount to prosecutorial misconduct where they were focused on D's changing story, and did not cast aspersions on defense counsel or imply he was dishonest.
DA’s opening stmts as to threats against gang Ws and their fear of retaliation by D were proper as they prepared jurors for Ws' testimony and explained their long delay in cooperating, and various inconsistent stmts.
Prosecutorial misconduct occurred during closing argument when prosecutor offered an opinion on the credibility of his correctional officer witnesses based on facts outside of the record.