La. Admin. Code tit. 22 § XV-747

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-747 - Preparation of the Closing Argument

A. Counsel should be familiar with the substantive limits on both prosecution and defense summation.

B. Counsel should be familiar with the court rules, applicable statutes and law, and the individual judge's practice concerning time limits and objections during closing argument, and provisions for rebuttal argument by the prosecution.

C. In developing closing argument, counsel should review the proceedings to determine what aspects can be used in support of defense summation and, where appropriate, should consider:

1. highlighting weaknesses in the prosecution's case;

2. describing favorable inferences to be drawn from the evidence;

3. incorporating into the argument:

a. helpful testimony from direct and cross-examinations;

b. verbatim instructions drawn from the jury charge; and

c. responses to anticipated prosecution arguments;

4. and the effects of the defense argument on the prosecutor's rebuttal argument.

D. Whenever the prosecutor exceeds the scope of permissible argument, counsel should consider objecting, requesting mistrial, or seeking cautionary instructions unless tactical considerations suggest otherwise. Such tactical considerations may include, but are not limited to:

1. whether counsel believes that the case will result in a favorable verdict for the client;

2. the need to preserve the objection for appellate review; or

3. the possibility that an objection might enhance the significance of the information in the jury's mind.

La. Admin. Code tit. 22, § XV-747

Promulgated by the Office of the Governor, Public Defender Board, LR 35:671 (April 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.