How have the courts interpreted statements of counsel at trial?

California, United States of America


The following excerpt is from People v. McKnight, A143997 (Cal. App. 2016):

23. Appellant argues the trial court's responses to his objections below defeats the presumption that the jury follows instructions. Appellant points to the trial court's admonishment, in response to one objection, that statements of counsel are not evidence. However, in response to a later objection, the court stated the evidence "was offered only . . . to show what the subsequent acts and what the police officers were looking [for], the intent of the police officers; not for the truth of the matter stated." Moreover, the prosecutor informed the jury he was relying on the identification solely of the three eyewitnesses. People v. Lloyd (2015) 236 Cal.App.4th 49, in which "the prosecutor misstated the law with the effect of lightening her burden of proof, defense counsel objected, and the court overruled the objection," is inapposite. (Id. at p. 63; see also ibid. ["In failing to cure the misstatement of law, the court placed its considerable weight behind the misstatement. In such a situation the court gives the jury two conflicting legal interpretations. Under these circumstances, we may not presume the jury followed the court's instruction when the court also signaled to the jury the prosecutor's misstatements of law were correct."].)

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (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)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
How have courts interpreted sentencing statements from the trial court? (California, United States of America)
How have the courts interpreted statements of counsel in a personal injury trial? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
In what circumstances will the trial court appoint an interpreter for the trial of a defendant who does not speak English? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.