How have courts interpreted comments made by a prosecutor before the jury in a murder case?

California, United States of America


The following excerpt is from People v. Holbrook, H030448 (Cal. App. 10/22/2007), H030448 (Cal. App. 2007):

Prosecutors have wide latitude to discuss and draw inferences from the evidence and information duly presented at trial. "`Whether the inferences the prosecutor draws are reasonable is for the jury to decide.' " (People v. Wilson (2005) 36 Cal.4th 309, 337.) This latitude is not unbounded, however. When the defendant's claim on appeal focuses on comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of those remarks in an objectionable fashion. (People v. Ayala (2000) 23 Cal.4th 225, 284.)

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