Is there any case law where a prosecutor used his closing argument to undermine the constitutional presumption of innocence?

California, United States of America


The following excerpt is from People v. Hernandez, F069174 (Cal. App. 2017):

Defendant next claims that the prosecutor used his closing argument to undermine the constitutional presumption of innocence. In reviewing claims of misconduct during closing argument, "we must view the statements in the context of the argument as a whole. [Citation.]" (People v. Cole, supra, 33 Cal.4th at p. 1203.)

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)
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)
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)
Does a prosecutor have a right to discuss the presumption of innocence in his closing argument? (California, United States of America)
Does the prosecutor's closing argument constitute misconduct? (California, United States of America)
Does a prosecutor's statement about the presumption of innocence constitute a misstatement of the law? (California, United States of America)
Does a prosecutor's closing argument regarding contrived self-defense constitute prosecutorial misconduct? (California, United States of America)
Does a prosecutor's argument that the absence of specific mitigating factors constitute aggravation constitute prosecutorial misconduct? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Does a prosecutor's comment on presumption of innocence constitute prejudicial misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.