What is the difference between a jury's belief in the prosecution and the jury's opinion that the prosecution argued planning and execution was not planning or execution?
California, United States of America
The following excerpt is from People v. Waidla, 22 Cal.4th 690, 94 Cal.Rptr.2d 396, 996 P.2d 46 (Cal. 2000):
7. A belief that we do not think it reasonably likely (see People v. Clair, supra, 2 Cal.4th at pp. 662-663, 7 Cal.Rptr.2d 564, 828 P.2d 705) that the jury shared. In his summation, the prosecutor did indeed argue planning and execution. But he had other evidence to use for that purpose.
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