In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury?
California, United States of America
The following excerpt is from People v. Holmes, C086438 (Cal. App. 2020):
Finally, we note that the jury was further instructed pursuant to CALCRIM No. 200 that it had to follow the law as explained by the court, even if the attorney's comments were in conflict. (See also People v. Osband, supra, 13 Cal.4th at p. 717 ["[w]hen argument runs counter to instructions given [to] a jury, we will ordinarily conclude that the jury followed the latter and disregarded the former"].) Under the circumstances, we find no error.
2. CALCRIM No. 3472
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