How have the courts interpreted the test for "by question asked [of] a witness"?

California, United States of America


The following excerpt is from People v. Verdugo, 113 Cal.Rptr.3d 803, 236 P.3d 1035, 50 Cal.4th 263 (Cal. 2010):

by a question asked [of] a witness. A question is not evidence and may be considered only as it helps you to understand the answer." The jury was further instructed that "[s]tatements made by the attorneys during the trial are not evidence." We presume the jury obeyed these instructions. (See, e.g., People v. Ledesma (2006) 39 Cal.4th 641, 684, 47 Cal.Rptr.3d 326, 140 P.3d 657 (Ledesma ). )

3. Alleged Griffin error

Defendant contends the prosecutor committed Griffin error when he said during closing argument: "He can't even face you, this defendant, who commits these two brutal, senseless murders." (Griffin v. California (1965) 380 U.S. 609, 613, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 [it is a U.S. Const., 5th Amend. violation for

[113 Cal.Rptr.3d 840]

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