How have courts treated the argument that statements are not evidence?

California, United States of America


The following excerpt is from People v. Martinez, A154180 (Cal. App. 2019):

Furthermore, as noted in our background summary, when the trial court overruled the defense objection that the prosecutor was referring to facts not in evidence, it reminded the jury that statements by attorneys are not evidence and it was up to them to determine the facts from the evidence presented. Thus, "[e]ven if we were to assume there was some impropriety in the prosecutor's argument, it was cured when the trial court instructed the jury with the standard admonition that argument is not evidence." (People v. Cash (2002) 28 Cal.4th 703, 734.)

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