Chapter 17 - § 17.11 INVITED ARGUMENT|COMMENT|REBUTTAL

• Jurisdiction: Colorado

§ 17.11 INVITED ARGUMENT/COMMENT/REBUTTAL

Colorado

➢ Statements Made by an Adverse Attorney in Closing May Invite Response. A prosecutor is afforded considerable latitude to reply to an argument raised by his or her opposing advocate. People v. Marquantte, 923 P.2d 180, 185 (Colo. App. 1995).

➢ Attorney Opens Door. When an attorney opens the door on a subject by its argument, it is permissible for opposing counsel to respond. Lawrence v. Taylor, 8 P.3d 607 (Colo. App. 2000). A prosecutor is not precluded from making fair rebuttal comment when the defendant or defense counsel opens the door or otherwise invites a response to the matter. See People v. Williams, 996 P.2d 237, 245-46 (Colo. App. 1999) (holding prosecutor is afforded legitimate responses to a defendant's closing argument).
➢ Improper to Argue Collateral Inadmissible Evidence for Impeachment. Counsel went too far and prejudiced the plaintiff's right to a fair trial when in closing and on cross-examination counsel referred to the plaintiff's other lawsuits that were not relevant to any substantive issue in the present suit. Westfall v. Town of Hugo, 851 P.2d 299, 301-02 (Colo. App. 1993).

➢ Comment on Fifth Amendment Right to Remain Silent Allowed in Civil Cases. "Failure of a party who is present at the trial to answer questions based on the privilege against self-incrimination raises a strong inference

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