What is the test for a defense counsel to argue to the jury after the final instruction has been given?
California, United States of America
The following excerpt is from People v. Roderick, A135073 (Cal. App. 2013):
Defense counsel requested another opportunity to argue to the jury after the final instruction was given to the jury. Rule 2.1036(b)(3) expressly allows for additional argument in the event of an impasse. Such a decision, however, is subject to review only for abuse of discretion. (People v. Young (2007) 156 Cal.App.4th 1165, 1170-1172.) No such abuse here.
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