In what circumstances will the court allow a prosecutor to use the term "implied malice" at the outset of her closing argument?

California, United States of America

The following excerpt is from People v. Klein, B295039 (Cal. App. 2020):

^9. Although the court's instructions did not include the term "implied malice," at the outset of her summation, the prosecutor told the jury, "And this is an implied malice murder," and then reviewed the elements of the crime as set forth in CALJIC No. 8.31. (See generally People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1220 ["'any theoretical possibility of confusion [in the jury instructions may be] diminished by the parties' closing argument'"], disapproved on another ground in People v. Rangel (2016) 62 Cal.4th 1192, 1216.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)

Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)

Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)

In closing argument in a personal injury case, can the court admonish the appellant on appeal for failing to object to any statements in closing argument? (California, United States of America)

Does the jury instructions that the trial court relied on in its tentative order and in its final order deny defendant's petition that the jury must find that the killing was committed with either express or implied malice or otherwise implied malice? (California, United States of America)

In closing argument in a personal injury case, can the court admonish the appellant for failing to object to any statements in closing argument? (California, United States of America)

How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)

Does a court have to give deference to a prosecutor's argument that the prosecutor's credibility was compromised by the trial court? (California, United States of America)

In closing argument to a jury, in what circumstances will the jury be unable to hear closing arguments? (California, United States of America)

What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)

In what circumstances will the court allow a prosecutor to use the term "implied malice" at the outset of her closing argument?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources