Does a prosecutor have the authority to imply that defense counsel fabricated a defense?

California, United States of America


The following excerpt is from People v. Loustaunau, 181 Cal.App.3d 163, 226 Cal.Rptr. 216 (Cal. App. 1986):

People v. Bain (1971) 5 Cal.3d 839, 847, 97 Cal.Rptr. 684, 489 P.2d 564, cited by appellant, states that the prosecutor should not imply that defense counsel fabricated a defense where there is no evidence to support that claim. Here it was defense counsel's own argument which had injected the issue of defense counsel's advice to appellant to tell everything to the psychiatrist, and in this peculiar context the prosecutor's reply did not exceed the bounds of propriety.

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