Can a defendant argue that the prosecutor misled the jury into believing imperfect self-defense requires a reasonable belief that lethal force was necessary?

California, United States of America


The following excerpt is from People v. Ibarra, E056251 (Cal. App. 2014):

In his subsection titled "Failure to Object," defendant attempts to demonstrate prejudice. The demonstration depends upon a finding that the prosecutor misled the jury into believing imperfect self-defense requires a reasonable belief that lethal force was necessary. Given that, defendant states he was prejudiced because the jury was precluded from considering voluntary manslaughter until after they had voted on murder. If the jury had understood imperfect self-defense, the argument goes, they would have convicted defendant of voluntary manslaughter if they did not have to consider murder first. In addition to being contrary to the facts, as outlined above, the argument is entirely speculative. Defendant's argument does not suffice to undermine the reliability of the jury's verdict. (Strickland v. Washington (1988) 466 U.S. 668, 694.)

We find no prejudice to defendant from the prosecutor's statements in argument.

Other Questions


What is the test for a defendant's claim that he had to use "no more force than was reasonably necessary" to defend himself? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
What is the standard of proof for a prosecutor to argue that a reasonable doubt standard is reasonable? (California, United States of America)
Is reasonable force justified in the use of reasonable force in detaining, arresting, preventing escape and overcoming resistance? (California, United States of America)
What is the reasonableness of a police officer's belief that detaining defendant, even briefly, was necessary to protect their safety? (California, United States of America)
Can a prosecutor in a civil case argue to a jury that it can find a defendant guilty based on a reasonable account of the evidence? (California, United States of America)
Does a prosecutor have a valid argument to argue that a defendant has a reasonable chance of a successful defence in a civil case? (California, United States of America)
Can a prosecutor in a civil case argue to a jury that it can find a defendant guilty based on a reasonable account of the evidence? (California, United States of America)
What is the test for misconduct in a criminal case where a prosecutor argued that reasonable doubt was not a reasonable doubt? (California, United States of America)
Can a defendant use force to defend himself against his victim's resort to lawful deadly force? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.