CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...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.