Closing Argument Archives

Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Summary

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

Opinion Date: 10/10/2019

Categories: By CALCRIM Number, By Prosecutor, Closing Argument, Jury Instructions, Misconduct, Trial Proceedings

Summary

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

Opinion Date: 03/19/2018

Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Summary

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

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

Summary

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

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

Summary

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

Opinion Date: 09/17/2015

Categories: Areas Constitutional Law, Closing Argument, Equal Protection, Mistrial, Opening Statements, Trial Proceedings

Summary

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

Opinion Date: 12/04/2014

Categories: By Prosecutor, Closing Argument, Misconduct, Trial Proceedings

Summary

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

Opinion Date: 07/09/2014

Categories: Closing Argument, Trial Proceedings

Summary

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

Opinion Date: 03/19/2013

Categories: Closing Argument, Trial Proceedings

Summary

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

Opinion Date: 10/29/2012

Categories: Areas Constitutional Law, Closing Argument, Due Process, Trial Proceedings

Summary

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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