What is the effect of the judge's admonishment to the jury that rebuttal summation is only the argument of counsel, not evidence?

MultiRegion, United States of America

The following excerpt is from United States v. Maloney, D.C. No. 3:10-cr-02803-DMS-1, No. 11-50311 (9th Cir. 2012):

Second, the judge admonished the jury that rebuttal summation was only the argument of counsel, not evidence, and that the jury had the job of determining the facts. See United States v. Bracy, 67 F.3d 1421, 1431 (9th Cir. 1995) (holding, on plain error review, that the district court's caution to the jury that questions, objections, statements, and

Page 34

arguments of counsel are not evidence "neutralized any prejudicial effect the prosecutor's statement may have had"). It is "presume[d] jurors follow the court's instructions absent extraordinary situations." Tak Sun Tan v. Runnels, 413 F.3d 1101, 1115 (9th Cir. 2005).

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