Does a trial court have any authority to re-open argument before the jury has reached an impasse?

California, United States of America


The following excerpt is from People v. Leonard, C078282 (Cal. App. 2018):

Although the "obvious intent of [Cal. Rules of Court, rule 2.1036] is to assist the jury in achieving a verdict, if possible, after it has reached an impasse" (People v. Salazar, supra, 227 Cal.App.4th at p. 1089), we do not read this rule so narrowly as to restrict a trial court's inherent authority to control the proceedings before it in a manner it reasonably determines furthers the parties' best interests and ensures the defendant a fair trial. In any event, the trial court's decision to reopen argument before the jury declared an impasse was harmless error, if it was error at alla point we do not concedebecause no argument occurred until after the jury actually declared an impasse.

We find no error by the trial court's reopening of argument.

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)
Does the trial court have any authority or authority to question defense counsel at trial? (California, United States of America)
Does the Court of Appeal have any authority or authority to review the judgment of the trial court? (California, United States of America)
How has the court dealt with a motion to reopen a trial where the jury had already reached a verdict on all counts? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (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)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
Does the Court have any authority or authority to question a trial judge's determination to submit an issue to the jury? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.