In a civil case, what is the record of the prosecutor's comments to the jury in a summation?

California, United States of America


The following excerpt is from People v. Alvarez, F064349 (Cal. App. 2016):

summation warranted by the evidence. This record does not demonstrate that the prosecutor's comments were intended to inflame or were designed principally to arouse the jury's passion or prejudice. To the contrary, the prosecutor advised the jury to put their emotions aside, and render a verdict based on the evidence and law. The prosecutor's comments were fleeting characterizations in the course of lengthy summations, and they do not establish misconduct. (People v. Tully, supra, 54 Cal.4th at p. 1021.)

Finally, because appellant's claim has no merit, he cannot establish ineffective assistance of counsel. An attorney is not deemed incompetent when he or she fails to lodge meritless objections. (People v. Lucero, supra, 23 Cal.4th at p. 732.)

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