What is the impact of improper comments made by a prosecutor in his closing rebuttal to a jury trial?

MultiRegion, United States of America

The following excerpt is from Zapata v. Vasquez, 788 F.3d 1106 (9th Cir. 2015):

The prosecutor's inflammatory remarks were also prominent in the context of the entire trial. The prosecutor repeated the statements throughout the closing rebuttal, and they were among the last words the jurors heard before they were sent to deliberate. The presentation of improper material at the end of trial magnifie[s] its prejudicial effect because it is freshest in the mind of the jury when [it] retire[s] to deliberate. Crotts v. Smith, 73 F.3d 861, 867 (9th Cir.1996) (internal citation

[788 F.3d 1123]

and quotation marks omitted), superseded by statute on other grounds as stated in Van Tran v. Lindsey, 212 F.3d 1143 (9th Cir.2000) ; see also Sanchez, 659 F.3d at 1261 (observing that improper prosecutorial comment in a closing rebuttal was particularly problematic because it was the last argument the jury heard before going to the jury room to deliberate, thus increas[ing] the risk that the inflammatory statement would improperly influence the jurors).

3. The comments were not a reasonable inference from the record.

Other Questions


What is the test for determining whether a prosecutor made improper comments in a closing argument? (MultiRegion, United States of America)
What is the current state of the law on improper comments made by a prosecutor at a criminal trial? (MultiRegion, United States of America)
What is the test for determining whether a prosecutor's comments at trial infected the trial with unfairness? (MultiRegion, United States of America)
Does the prosecutor's closing argument in closing argument constitute a comment upon Sanders' failure to take the stand? (MultiRegion, United States of America)
What is the effect of improper or improper comments made by a prosecutor in a statement to a grand jury? (MultiRegion, United States of America)
What is the impact of a prosecutor's comments to the jury in a sexual assault trial? (MultiRegion, United States of America)
Does a prosecutor's improper remarks in closing argument in a civil case violate a plaintiff's right to a fair trial? (MultiRegion, United States of America)
What is the cumulative impact of inappropriate comments to the jury in the presence of the jury during a jury trial? (MultiRegion, United States of America)
Does a prosecutor's mention of "uncontradicted or unrefuted" evidence constitute improper commentary by the prosecutor on defendant's failure to testify? (MultiRegion, United States of America)
In a motion for a new trial, how have the courts treated comments made by a prosecutor in a sexual assault case in which one of the accused pleaded not guilty? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.