Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:Theft. Defense: Excuse me. I'll object to that. That's outside the record. The trial court sustained the objection and further instructed the jury to disregard. In general, to constitute proper argument, counsel's closing arguments must fall within the areas of: (1) a summation of the evidence; (2) a reasonable deduction from the evidence; (3) an answer to an argument from opposing counsel, or (4) a plea for law enforcement. See Melton v. State, 713 S.W.2d 107, 114 (Tex.Crim.App.1986). Here, because the prosecutor's argument is not reasonably related to one of the enumerated areas, it was improper. Therefore, the trial court correctly sustained appellant's objection and instructed the jury to disregard. See Faulkner v. State, 940 S.W.2d 308, 312 (Tex.App.Fort Worth 1997, pet. ref'd) (<HOLDING>). Mistrials should be granted only when an
Holding statements: (A) holding almost any improper argument may be cured by an instruction to disregard (B) holding improper admission of extrinsic evidence may be cured by adequate limiting instruction (C) holding that the prejudicial effect of a direct reference to an accuseds failure to testify normally cannot be cured by an instruction to disregard (D) holding that any misstatements of law during closing argument are presumed cured by final instruction (E) holding that instruction to disregard cured error from prosecutors improper comment during voir dire
Solution:
holding improper admission of extrinsic evidence may be cured by adequate limiting instruction