How have the courts treated counsel's admonitions to counsel in a jury trial?

California, United States of America


The following excerpt is from People v. Castaneda, H045011 (Cal. App. 2020):

Importantly, none of the court's admonitions to counsel were made in front of the jury, and not once did the court discredit defendant's case. (See People v. Snow (2003) 30 Cal.4th 43, 81 ["the effect of the court's remarks was not to 'discredit the defense or credit the impression it was allying with the prosecution' "].) Even if individual jurors had a negative view of defendant's attorney, they were instructed not to let bias toward the attorneys influence their decision, and nothing in the record rebuts the presumption that the jurors understood and followed the court's instructions. (People v. Covarrubias (2016) 1 Cal.5th 838, 905.)

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)
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)
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 treated a defense counsel's claim that the trial court would not have entertained an objection to a probation condition? (California, United States of America)
How has the court treated the jury in a trial where the trial court advised the jury to continue deliberating on a motion? (California, United States of America)
Can a court's frustration and irritation at counsel's repeated efforts to violate evidentiary rules be viewed as "friction between court and counsel"? (California, United States of America)
How have the courts treated defense counsel's objections to a jury questionnaire at trial? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.