In what circumstances will the defense counsel refuse to object to the prosecutor's argument that the prosecution did not mislead the jury about the permissible use of propensity evidence?
California, United States of America
The following excerpt is from People v. Santiago, H045326 (Cal. App. 2019):
We do not find any error in the prosecutor's argument on this point, and Santiago's defense counsel could similarly and reasonably have concluded that the prosecutor did not mislead the jury about the permissible use of the propensity evidence. We therefore cannot say that there is no satisfactory explanation for defense counsel's failure to object to the prosecutor's statements here. (See People v. Price (1991) 1 Cal.4th 324, 387.)
"The most advanced legal research software ever built."
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
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (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)
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)
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)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
In what circumstances would the defense counsel have objected on the basis of evidence section 1523 of the secondary evidence rule? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
