Chapter 17 - § 17.12 • STATEMENT ABOUT THE LAW

• Jurisdiction: Colorado

§ 17.12 • STATEMENT ABOUT THE LAW

Colorado

➢ Proper to Comment on the Jury Instructions. A prosecutor is entitled to comment in closing on the instructions to be given to the jury. People v. Welsh, 176 P.3d 781 (Colo. App. 2007).

➢ Improper to Misstate the Law During Closing. An attorney must not misstate the applicable law or misinterpret how the law applies to the facts. People v. Sepeda, 581 P.2d 723, 725 (Colo. 1978). It is improper for counsel to misstate or misinterpret the law during closing argument. People v. Rodriguez, 794 P.2d 965, 977 (Colo. 1990); People v. Anderson, 991 P.2d 319, 321 (Colo. App. 1999).
➢ Improper to Refer to a Rejected Jury Instruction. In a medical negligence case, the Colorado Court of Appeals affirmed the district court's conclusion that it was inappropriate to show the jury a slide with the wrong jury instruction on the standard of care. Acierno v. Garyfallou, 409 P.3d 464 (Colo. App. 2016). Defense counsel did not revise his PowerPoint presentation with the correct standard of care instruction after the trial court adopted a different instruction before closing. Id.

➢ Improper to Instruct on the Law During Closing. An attorney may not usurp the trial court's duty and authority to instruct the jury on the law. People v. Alvarez, 530 P.2d 506, 507 (Colo. 1975); People v. Rodriguez, 794 P.2d 965, 977 (Colo. 1990); People v. Rosales, 911 P.2d 644, 653 (Colo. App. 1995); Simpson v.

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