How has the court interpreted a statement by the Attorney General arguing child abuse accommodation syndrome?

California, United States of America


The following excerpt is from People v. Carlin, G044752 (Cal. App. 2012):

The court suggested the original statement could have been taken out of context, but when the prosecutor clarified it did not suggest she was speaking of prior abuse. Nor does the record support the claim the prosecutor was arguing child abuse accommodation syndrome. We agree the clarified comment was based on a matter of general knowledge, which is a proper basis for argument. (People v. Harrison (2005) 35 Cal.4th 208, 248.)

Page 9

d. Argument Defendant Would Have Continued the Acts if Not Interrupted

Finally, defendant challenges the argument "[a]nd really if we didn't have any other people there that happened to pull up and see the kissing, we wouldn't be here because [J.V.] probably never would have told or until it got to be something worse and then it would still be just her in an environment where her mom doesn't believe her." But as the Attorney General points out, defense counsel did not object to this argument. The statement he did object to, after the same recess as described above, was that "if other people weren't there, this would go on and would continue." He claimed this was an argument about "future dangerousness, not about the facts of the case." Defendant's attempt in his reply brief to overcome this failure to object fails. Without an objection this claim is forfeited. (People v. Souza (2012) 54 Cal.4th 90, 122.)

Other Questions


Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
How have courts interpreted the Attorney General's interpretation of statutory law? (California, United States of America)
Does the Attorney General's opinion that a professional must report non-abusive behavior to a minor violate the child abuse victim's right to privacy? (California, United States of America)
Does the Attorney General rely on a single statement by the trial court to argue that the jury was properly instructed to consider the prosecutor's closing argument? (California, United States of America)
Does the Attorney General have any grounds to argue that a spiral fracture in the lower back of a child was relevant to the theory of felony child endangering? (California, United States of America)
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases? (California, United States of America)
How have courts interpreted improper statements by the Attorney General in a criminal case? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
Does the Attorney General have any grounds to argue that a defendant abandoned the issue of competency by not objecting to the court's action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.