☢ test - Í

was not to comment impermissibly on Lowe's failure to testify, nor was the remark one that the jury would necessarily have found to be such a comment.” Duncan v. State, 271 Ga. 16, 515 S.E.2d 388 (April 27, 1999). “A prosecutor is permitted to comment during closing argument on the failure of the defendant to produce a certain witness as long as the argument is derived from evidence properly before the fact finder. Morgan v. State, 267 Ga. 203, 206(3), 476 S.E.2d 747 (1996).” Accord, Tucker v. State , 313 Ga.App. 537, 722 S.E.2d 139 (January 12, 2012). Spear v. State, 270 Ga. 628, 513 S.E.2d 489 (March 8, 1999). Trial court properly sustained prosecutor’s objection to defense closing argument; no evidence of record supported suggestion that State had (and failed to produce) evidence of the type suggested by defense counsel. “In Morgan v. State, 267 Ga. 203(4), 476 S.E.2d 747 (1996), we held that ‘ defense and prosecuting counsel are equally able to comment on the failure of the other to present certain witnesses as long as that argument is derived from evidence properly before the fact-finder, ’ that is, if there is competent evidence before the jury that a missing witness has knowledge of material and relevant facts. Id.” 15. CONTENT – FAILURE TO TESTIFY/SPEAK TO OFFICERS General rule, see Lassiter (April 5, 1999), below; Mallory v. State, 261 Ga. 625, 630(5) (409 S.E.2d 839) (1991) . Reeves v. State, 329 Ga.App. 470, 765 S.E.2d 407 (November 4, 2014). Burglary and related convictions affirmed (but theft by receiving charge reversed for lack of evidence); no improper comment on defendant’s “failure to testify when the prosecutor, in closing argument, ‘asked the rhetorical question of’ whether he (Reeves) had ‘any good explanation why he had that stuff?’” Argument was based on matters in evidence, as defendant was unable to explain to officers his possession of items taken from victim’s apartment. Wilson v. State, 295 Ga. 84, 757 S.E.2d 825 (April 22, 2014). Felony murder conviction affirmed; prosecutor’s statements “in closing argument that Appellant's failure to contact the police after the attack was evidence of his guilt … were clearly improper under Mallory v. State, 261 Ga. 625, 629–630, 409 S.E.2d 839 (1991). [fn] However, the trial court took appropriate corrective measures including giving the jury a strong and detailed curative instruction that was drafted by Appellant's trial counsel and that included a rebuke of the prosecutor. [fn] Under these circumstances, the trial court did not abuse its discretion in declining to grant a mistrial. See Lewis v. State, 279 Ga. 69, 74–75, 608 S.E.2d 602 (2005); Heard v. State, 291 Ga.App. 550, 553–554, 662 S.E.2d 310 (2008).” Rush v. State, 294 Ga. 388, 754 S.E.2d 63 (January 21, 2014). Malice murder and firearm convictions affirmed; no improper argument by prosecutor: “‘the guilty man flees but the righteous man stands bold as a lion.’ Appellant claims this remark constituted an improper comment on his failure to come forward. … Here, the record reveals that the prosecutor's statement concerned appellant's inconsistent and evasive statements to police with respect to his location at the time of the murder, rather than his failure to come forward. Although the complained of statement in this case is similar to one found to be an improper comment on a defendant's right to remain silent in Scott v. State, 305 Ga.App. 710, 713 (700 S.E.2d 694) (2010), there the prosecutor's statement, which included additional language asking why he [Scott] failed to give the police a statement if he ‘hadn't done anything,’ was clearly directed at the defendant's failure to turn himself in after having been informed the police were looking for him. Id. at 713. In the instant case, the prosecutor's comment was directed at appellant's actual statements to police that he was in Savannah at the time of the murder despite evidence to the contrary. As a prosecutor has the right to argue reasonable inferences from the evidence, see Smith v. State, 279 Ga. 48, 50 (610 S.E.2d 26) (2005), the prosecutor's statement, which simply highlighted facts in evidence, was permissible and trial counsel's failure to object did not render her performance deficient.” Accord, Turner v. State , 334 Ga.App. 515, 778 S.E.2d 257 (October 8, 2015). Kendrick v. State, 290 Ga. 873, 725 S.E.2d 296 (April 24, 2012). Felony murder conviction affirmed; no improper argument where prosecutor commented on defendant’s failure to come forward to police. “ Kendrick, himself, initially placed the evidence before the jury that he fled and did not go to police after the shooting, despite the fact that he contended that [victim] Copeland shot him in the hand. Because Kendrick himself first placed the evidence he now takes issue with before the jury, the prosecutor did not act inappropriately by commenting on that evidence.” Kirkland v. State, 315 Ga.App. 143, 726 S.E.2d 644 (March 26, 2012). Armed robbery and related convictions affirmed; prosecutor’s closing argument were not improper. Prosecutor argued that officer investigated defendants’ alibis “to see if they could be exonerated,” then asked, “if the defendants were truly innocent men facing time on charges as serious as