People v. Cortez

In a joint trial with her codefendant, Defendant was convicted of premeditated murder and attempted premeditated murder. The court of appeal reversed Defendant’s convictions, concluding (1) the trial court erred in instructing the jury regarding a testifying defendant’s failure to explain or deny incriminating trial evidence; (2) the trial court erred in admitting Defendant’s codefendant’s out-of-court statement that he and Defendant went to shoot some gang members; and (3) the prosecution committed misconduct during closing argument in commenting about the reasonable doubt standard. The Supreme Court reversed, holding (1) the trial court properly gave the instruction at issue; (2) the trial court properly admitted the codefendant’s out-of-court statement; and (3) the prosecution’s comments on reasonable doubt did not constitute misconduct. View "People v. Cortez" on Justia Law