What is the test for establishing that nothing that the attorneys say is evidence in their opening and closing arguments?
California, United States of America
The following excerpt is from People v. Calvin, D058392, Super. Ct. No. FSB047782 (Cal. App. 2011):
The court instructed the jury with CALCRIM No. 222: "nothing that the attorneys say is evidence. In their opening statements and closing arguments, the attorneys discuss the case, but their remarks are not evidence." By providing the jury with this instruction, "[a]ny harm flowing from the alleged misconduct was thereby cured." (People v. Szeto (1981) 29 Cal.3d 20, 34.)
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