How have courts responded to a defense counsel's objection to a prosecutor's personal opinion in their closing argument?

California, United States of America


The following excerpt is from People v. Monge, A144045 (Cal. App. 2016):

Even if the prosecutor's limited statements were regarded as inappropriate personal belief about the norm in domestic violence cases, the court properly responded. When defense counsel objected, the court called a side-bar and asked the prosecutor to continue in a different manner. The prosecutor did so, as defense counsel acknowledged. Moreover, the court instructed the jury that the attorneys' remarks during closing argument are not evidence. "[N]o attorney should venture a bald opinion, stated as a fact, with reference to an issue or as to the effect, or value, or weight, of the evidence, as it may affect any ultimate fact in the case." (People v. Nolan (1932) 126 Cal.App. 623, 640-641.) However, this type of error is normally harmless and cured by the court's admonition. (See People v. Loker (2008) 44 Cal.4th 691, 739 [error in overruling defendant's objection to prosecutor's injection of personal beliefs at trial were harmless in light of admonitions that argument of counsel is not evidence].)

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