Does a limitation on the brandishing elements in the closing argument of a criminal trial result in prejudice?

California, United States of America


The following excerpt is from People v. Salih, D065924 (Cal. App. 2015):

Alternatively, even if the trial court should have allowed defense counsel to formally list the brandishing elements during closing argument, there was no prejudice. Contrary to defendant's claim, any such error is not reversible per se. (Glebe v. Frost (2014) ___ U.S. ___, 135 S.Ct. 429, 430-431 [trial court's erroneous ruling precluding defense counsel from presenting alternative defense theory to jury in closing argument was not structural error].) Whether we apply the standard for state law error or the standard for federal constitutional error, the limitation on defense counsel's closing

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