California, United States of America
The following excerpt is from People v. Vasquez, B281178 (Cal. App. 2018):
The prosecutor did not object to defense counsel's statement.11 (Evid. Code, 1350; see People v. Engstrom (2011) 201 Cal.App.4th 174, review den. Feb. 29, 2012, S199153 [prosecution forfeited claim that court improperly relied on defense counsel's information and belief declaration when granting motion for new trial motion based on juror misconduct].) Instead, the prosecutor acknowledged that the jurors felt that way, but argued that because there was no substantial evidence to support the instruction, the fact that some jurors, given the chance, may have voted for involuntary [manslaughter] "reinforces that involuntary manslaughter wouldn't have been appropriate ... ."
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