People v. RodriguezAnnotate this Case
The Supreme Court affirmed the decision of the court of appeal reversing Defendant's conviction of two counts of assault by an inmate with a deadly weapon and other offenses, holding that the prosecutor impermissibly vouched for testifying officers' credibility.
Specifically, the court of appeals held that the prosecutor impermissibly vouched for witness credibility by asserting in closing argument that two testifying officers would not lie because each would not put his "entire career on the line" and would not subject himself to "possible prosecution for perjury." The court further held that the error was prejudicial. The Attorney General petitioned for review solely on the question of whether the prosecutor's argument constituted impermissible vouching. The Supreme Court affirmed, holding (1) the prosecutor's closing argument constituted improper vouching; and (2) while the court of appeals appears to have overstated the import and effect of the prosecutor's remarks, the Attorney General did not argue harmlessness, and this Court expresses no view on the appellate court's conclusions that the statements were prejudicial.