California Court of Appeal

In appeal of conviction of felony battery with great bodily injury and misdemeanor hit and run driving, judgment is affirmed, where: 1) prosecutor's rebuttal to defense counsel accusations that officers were lying was not misconduct as he was not vouching for their credibility; 2) prosecutor's statement that witness was scared to testify was supported by the evidence; 3) prosecutor's comments regarding bias of defense expert witness were not improper and did not impugn the defense attorney's character; 4) assuming the prosecutor's argument about failing to call logical witnesses implied that defendant failed to testify, and was in fact Griffin error, the error was harmless; and 5) there was no due process violation in this case.

Appellate Information

• Decided 01/17/2013
• Published 01/17/2013

Judges

• RUSHING

Court

• California Court of Appeal

Counsel