California, United States of America
The following excerpt is from People v. Warren, B253552 (Cal. App. 2015):
In addition, the trial court correctly instructed the jury in part under CALCRIM No. 570 that "[t]he defendant killed someone because of a sudden quarrel or in the heat of passion if: [] . . . [] [t]he provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment." The court also instructed the jury under CALCRIM No. 200 that, if they believed the attorneys' comments on the law conflicted with the court's instructions, they were required to follow the court's instructions. Absent a showing to the contrary, we assume the jury understood and followed the instructions given. (People v. Mickey (1991) 54 Cal.3d 612, 689, fn. 17.) "[A]rguments of counsel 'generally carry less weight with a jury than do instructions from the court. The former are usually billed in advance to the jury as matters of argument, not evidence [citation], and are likely viewed as the statements of advocates; the latter, we have often recognized, are viewed as definitive
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