California, United States of America
The following excerpt is from People v. Scarber, F068908 (Cal. App. 2019):
" '[It] is misconduct for a prosecuting attorney to express his personal belief as to the reliability of a witness.' [Citations.]" (People v. Perez (1962) 58 Cal.2d 229, 245-
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246, disapproved on another ground in People v. Green (1980) 27 Cal.3d 1, 32, 34.) On the other hand, "[p]rosecutors have wide latitude to discuss and draw inferences from the evidence at trial. [Citation.] Whether the inferences the prosecutor draws are reasonable is for the jury to decide. [Citation.]" (People v. Dennis (1998) 17 Cal.4th 468, 522.) Moreover, "[r]ebuttal argument must permit the prosecutor to fairly respond to arguments by defense counsel . . . ." (People v. Bryden (1998) 63 Cal.App.4th 159, 184.)
" 'To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. [Citations.] In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements.' [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 771-772.)
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