Closing Argument

Name: People v. Rodriguez
Case #: S251706
Court: CA Supreme Court
District CalSup
Opinion Date: 05/21/2020
  • Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Opinion By: Justice Groban (unanimous decision) The prosecutor impermissibly vouched for witness credibility by asserting in closing argument that two testifying officers would not put their careers at risk by falsely testifying. Rodriguez, a prison inmate, was convicted of assault…

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Name: People v. Meneses
Case #: G055942
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/10/2019
  • Categories: By CALCRIM Number, By Prosecutor, Closing Argument, Jury Instructions, Misconduct, Trial Proceedings

Jury instruction allowing one proved sexual offense to be used to show a defendant's propensity to commit the other charged sex offenses correctly stated the law. A jury found defendant guilty of four counts of committing a lewd act upon…

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Name: People v. Arredondo
Case #: D072632
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/19/2018
  • Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Prosecutor's repeated references to defendants as "cockroaches" who pose a danger to the community mandates reversal of gang enhancements. A jury convicted the defendants of first degree murder and found true the special circumstance allegations the murder was committed during…

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Name: People v. Forrest
Case #: B261130
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/25/2017
  • Categories: All Other Crimes, Appeals, By CALCRIM Number, By Prosecutor, Closing Argument, Crimes, General Principles, Jury Instructions, Mens Rea, Misconduct, Prejudice, Trial Proceedings

Prosecutor's misstatements concerning the interplay between voluntary intoxication and intent in a first degree murder trial were forfeited and harmless. Forrest shot his wife in the head then moved her body into a bath tub and disemboweled her. He documented…

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Name: People v. Denard
Case #: B253464
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 12/03/2015
  • Categories: Areas Constitutional Law, Closing Argument, Right Against Self-incrim, Right to Jury Trial, Sentencing, Three Strike Priors, Trial Proceedings

Under the least adjudicated elements test, the evidence of defendant's Florida burglary prior was insufficient to prove it qualified as a California strike prior. Denard was convicted of second degree burglary. In a bifurcated proceeding, the prosecution presented documentary evidence…

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Name: People v. Reese
Case #: B253610
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/17/2015
Subsequent History: Review granted 1/13/2016 (S230259)
  • Categories: Areas Constitutional Law, Closing Argument, Equal Protection, Mistrial, Opening Statements, Trial Proceedings

The trial court did not violate defendant's right to equal protection when it denied his request for transcripts of the opening statements and closing arguments presented during his first trial, which ended in a hung jury. Reese was charged with…

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Name: People v. Centeno
Case #: S209957
Court: CA Supreme Court
District CalSup
Opinion Date: 12/04/2014
  • Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Prosecutor's use of diagram to illustrate reasonable doubt standard and argument urging conviction based on "reasonable" view of the evidence likely misled jury about the applicable standard of proof. Centeno was convicted of two counts of lewd acts against a…

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Name: People v. Salazar
Case #: F066025
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/09/2014
  • Categories: Closing Argument, Trial Proceedings

Trial court properly allowed additional closing arguments after question posed by deliberating jury reflected it was at an impasse regarding carjacking charge. Appellant was charged with carjacking and receiving stolen property (the car). During deliberations the jury sent a note…

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Name: People v. Centeno
Case #: E054600
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/19/2013
Subsequent History: Review granted 6/26/13: S209957
  • Categories: Closing Argument, Trial Proceedings

A prosecutor's poorly worded description of reasonable doubt does not necessarily result in misconduct. Following the presentation of evidence in appellant's trial for Penal Code section 288, subdivision (a), at closing argument, the prosecutor explained to the jury that reasonable…

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Name: People v. Otero
Case #: G045246
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/29/2012
  • Categories: Areas Constitutional Law, Closing Argument, Due Process, Trial Proceedings

A prosecutor's use of a chart to explain reasonable doubt is misconduct, subject to harmless error analysis. Appellant was charged with and convicted of several counts of sexual assault of a minor, and sentenced to prison for life terms. During…

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