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QUESTION IMAGE

select all of the appellate claims that a defendant could raise on \dir…

Question

select all of the appellate claims that a defendant could raise on \direct appeal\:

☐ prosecutorial misconduct during closing argument

☐ the jury instructions improperly stated the law

☐ an eyewitness has changed their testimony since trial

☐ the judges rulings showed bias against the defendant

Explanation:

Brief Explanations
  • Prosecutorial misconduct during closing argument: This is an error that occurred during the trial, so it can be raised on direct appeal as it relates to trial - level proceedings.
  • The jury instructions improperly stated the law: Jury instructions are part of the trial process, and an improper statement of the law in them is a trial - level error, so it is a valid direct appeal claim.
  • An eyewitness has changed their testimony since trial: Direct appeal is based on what happened during the trial. New evidence (like a changed testimony after trial) is not considered on direct appeal (it may be for collateral review like habeas corpus).
  • The judge's rulings showed bias against the defendant: If the judge's rulings during the trial were biased, this is a trial - level issue and can be raised on direct appeal.

Answer:

  • Prosecutorial misconduct during closing argument
  • The jury instructions improperly stated the law
  • The judge's rulings showed bias against the defendant