Can counsel influence the outcome of a murder trial?

California, United States of America


The following excerpt is from People v. Warren, B253552 (Cal. App. 2015):

Given the strong evidence of defendant's guilt of first degree murder, it is unclear what, if anything, counsel could have done (or not done) to change the outcome of the trial. Even if we assume that counsel's speech or manner was annoying to some of the jurors, the jury is presumed to follow the court's instructions. (People v. Sanchez (2001) 26 Cal.4th 834, 852.) The record is devoid of any evidence to suggest that the jury disregarded the instruction not to consider the attorneys' statements as evidence.

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Does the absence of a witness in the trial of a defendant in a murder case affect the outcome of the trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (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)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.