Can a defense counsel withhold an objection to a prosecutor's closing argument?

California, United States of America


The following excerpt is from People v. Morse, C086129 (Cal. App. 2019):

Given the uncertainty that the prosecutor's argument crossed the line into an improper argument, and the numerous correct statements of the law provided to the jury by the prosecutor, defense counsel, and the trial court, it is not inconceivable or unreasonable that defense counsel made a tactical decision to withhold his objection, preferring instead to correct the impression the jurors may have drawn from the prosecutor's apparent misstatement in his own argument, rather than drawing attention to the point by objecting. We cannot agree with defendants either that there was "no conceivable tactical purpose" for counsel's silence during the prosecutor's closing argument. Accordingly, we conclude defense counsel's lack of objection to the prosecutor's arguments concerning the presumption of innocence and burden of proof fell well within the wide range of professional competence that is deemed constitutionally effective. (People v. Ledesma (2006) 39 Cal.4th 641, 746.)

Other Questions


Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
What is the legal test for a defense counsel to have objected to a prosecutor's closing argument? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
If a prosecutor has made a number of improper statements in their closing argument, would the defense counsel have been within the bounds of reasonable competence to respond with an objection? (California, United States of America)
If a prosecutor misstated the law on self-defense, and the defense counsel failed to object to the argument, what is the effect on the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.