How have courts treated arguments of counsel in a personal injury trial?

California, United States of America


The following excerpt is from People v. Schmidt, F073946 (Cal. App. 2018):

Furthermore, "arguments of counsel 'generally carry less weight with a jury than do instructions from the court.' " (People v. Mendoza (2007) 42 Cal.4th 686, 703.) "When argument runs counter to instructions given a jury, we will ordinarily conclude that the jury followed the latter and disregarded the former, for '[w]e presume that jurors treat the court's instructions as a statement of the law by a judge, and the prosecutor's comments as words spoken by an advocate in an attempt to persuade.' " (People v. Osband (1996) 13 Cal.4th 622,

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