Does the cumulative effect of misconduct by a prosecutor in closing argument affect a defendant's right to a fair trial?

California, United States of America

The following excerpt is from People v. Cardoso, F069505 (Cal. App. 2016):

Defendants contend the cumulative effect of the prosecutor's repeated acts of misconduct during closing argument deprived them of their right to a fair trial. It is true the cumulative effect of prosecutorial misconduct can so prejudice a defendant that reversal is required, even though each instance by itself may not be prejudicial. (See People v. Hill, supra, 17 Cal.4th at pp. 844-845.) We cannot consider the cumulative effect of errors when none were preserved for appeal, however.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case? (California, United States of America)

Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)

Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)

In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)

If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)

When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)

What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case? (California, United States of America)

What is the effect of the prosecutor's prejudicial misconduct in the closing argument in the third trial of a child abuse case? (California, United States of America)

Does the cumulative effect of misconduct by a prosecutor in closing argument affect a defendant's right to a fair trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources