In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury?

California, United States of America


The following excerpt is from People v. Holmes, C086438 (Cal. App. 2020):

Finally, we note that the jury was further instructed pursuant to CALCRIM No. 200 that it had to follow the law as explained by the court, even if the attorney's comments were in conflict. (See also People v. Osband, supra, 13 Cal.4th at p. 717 ["[w]hen argument runs counter to instructions given [to] a jury, we will ordinarily conclude that the jury followed the latter and disregarded the former"].) Under the circumstances, we find no error.

2. CALCRIM No. 3472

Other Questions


In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury? (California, United States of America)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
Does a jury have to follow the court's instructions if the attorneys' comments on the law are in conflict? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
In what circumstances will a jury be instructed to consider the following factors in a jury instruction? (California, United States of America)
What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)
Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence? (California, United States of America)
Is there any evidence that the jury did not follow the instruction or the jury instructions? (California, United States of America)
When a jury is asked to interpret the jury instructions in a civil trial, what are the consequences if the instructions are claimed to be conflicting or ambiguous? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.