California, United States of America
The following excerpt is from People v. Lopez, F058857 (Cal. App. 2011):
Before commencing deliberations, the jurors were instructed by the trial court that nothing the attorneys say constitutes evidence and that in "their opening statements and closing arguments, the attorneys discuss the case, but their remarks are not evidence." (See also CALCRIM No. 104.) The jury also was instructed that "You must use only the evidence that was presented in this courtroom." (Ibid.) The instruction to the jury that statements made by the attorneys during trial are not evidence reduced or eliminated the chance that the jury relied on any improper statement of facts by the prosecution. (People v. Boyette (2002) 29 Cal.4th 381, 453.) Absent evidence in the record to the contrary, and here there is none, it is presumed the jury followed the instructions. (People v. Mickey (1991) 54 Cal.3d 612, 689 & fn. 17.)
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