Can a prosecutor argue reasonable inferences from the evidence presented?

MultiRegion, United States of America

The following excerpt is from Strain v. California, No. 2:14-cv-1008 CKD P (E.D. Cal. 2015):

Alternatively, the court finds that petitioner's due process claim fails on the merits. "The prosecutor may argue reasonable inferences from the evidence presented[.]" Menendez v. Terhune, 422 F.3d 1012, 1037 (9th Cir. 2005), citing U.S. v. Young, 470 U.S. 1, 8 & n.5 (1985). "In determining whether a due process violation has occurred as a result of comments made by the prosecutor in argument, courts ask whether the prosecutors' comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Menendez v. Terhune, 422 F.3d 1012, 1033-1034, quoting Darden v. Wainwright, 477 U.S. 168, 181 (1986).

Other Questions


Does a prosecutor need to be able to ask a question that is reasonably inferable from the evidence? (MultiRegion, United States of America)
Does a prosecutor violate a defendant's due process rights when they knowingly present false evidence? (MultiRegion, United States of America)
Can we reverse if the evidence supports the reasonable inference that by giving a nod to a witness that the witness was guilty of perjury? (MultiRegion, United States of America)
When will counsel argue that presenting mental health evidence would have conflicted with or diluted an alibi defense? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
Does a prosecutor's statement that the credibility of government witnesses was supported by a lack of evidence presented by the defense was not improper? (MultiRegion, United States of America)
Does a prosecutor have a duty to present every item of arguably exculpatory evidence in seeking an indictment? (MultiRegion, United States of America)
What is the test for "reasonable limits" in the presentation of evidence in a trial? (MultiRegion, United States of America)
Does a prosecutor's mention of "uncontradicted or unrefuted" evidence constitute improper commentary by the prosecutor on defendant's failure to testify? (MultiRegion, United States of America)
Can a motion to suppress evidence obtained with an invalid search warrant be denied if the officers who obtained the evidence had a reasonable belief in its validity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.