Can a prosecutor's comments on the definition of premeditation and deliberation affect the outcome of a jury trial?
California, United States of America
The following excerpt is from People v. Fifita, B294952, c/w B297071 (Cal. App. 2020):
Moreover, there was no reasonable probability that the outcome would have been different absent the prosecutor's comments, or that there was any unfairness amounting to denial of due process. As previously indicated, the trial court instructed the jury with the definitions of premeditation and deliberation. The jury was also told, "You must follow the law as I explain it to you, even if you disagree with it. If you believe that the attorneys' comments on the law conflict with my instructions, you must follow my instructions." We presume the jury followed the trial court's instructions. (People v. Letner and Tobin (2010) 50 Cal.4th 99, 172.)
In addition, evidence showing premeditation and deliberation was abundantly present in this case. (See People v. Anderson (1968) 70 Cal.2d 15, 26-27 [evidence of premeditation include motive, planning, and manner of killing].) The People
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