What is the effect of a prosecutor's analogy for premeditation and deliberation in a criminal case?

California, United States of America


The following excerpt is from People v. Gallardo, B259668 (Cal. App. 2016):

Although better analogies may exist, we believe that, by linking the time involved with the careful weighing of various relevant circumstances, the prosecutor's analogy fairly described how quickly premeditation and deliberation may occur so long as the defendant adequately reflected on his actions ahead of time. (Cage, supra, 62 Cal.4th at p. 276; Nazeri, supra, 187 Cal.App.4th at p. 1114.) We therefore conclude that no objection was warranted and that no ineffective assistance of counsel occurred. (People v. Cunningham, supra, 25 Cal.4th at p. 1038.)

The judgment is affirmed.

Other Questions


Is there any case law where a defendant alleges that a prosecutor deliberately and knowingly introduced character-trait evidence in a criminal case? (California, United States of America)
What is the de minimis effect of a brief improper but nonprejudicial comment by a prosecutor in a criminal case? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately? (California, United States of America)
Can a defense counsel argue that premeditation and deliberation is not sufficient to establish that mere intent to kill is equivalent to premeditating or deliberation? (California, United States of America)
Can a prosecutor improperly cross-examine a defendant's prior criminal convictions in a criminal case? (California, United States of America)
Can a jury be misled by the prosecutor by excising premeditation and deliberation from the elements of first degree premeditated murder? (California, United States of America)
What is the effect of a prosecutor's argument to a jury in a criminal case that the jury should consider mitigation in all mitigation evidence? (California, United States of America)
What is the effect of the prosecutor's brief comments to the jury in a criminal case? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.