Closing Arguments

The standard of review of discretionary trial court rulings is abuse of discretion.  Discretionary trial court rulings include such things as trial administration issues, scope of cross-examination, post-trial motions, and similar rulings.  Harwood v. Glacier Elec. Coop., 285 Mont. 481, 492, 949 P.2d 651, 658 (1997) (holding the district court did not abuse its discretion by its interruption and admonition during plaintiffs' closing argument).

We review a district court's ruling on an objection to closing arguments for an abuse of discretion.  Closing argument statements are considered in the context of the entire argument.  The defendant must make a timely objection to closing argument statements or the objection is deemed to be waived.  We will undertake plain error review of closing argument objections not stated at trial if we are persuaded that the prosecutor's comments resulted in a manifest miscarriage of justice, undermined the fundamental fairness of the trial, or compromised the integrity of the judicial process.  State v. Cooksey, 2012 MT 226, ¶ 40, 366 Mont. 346, 286 P.3d 1174 (citations omitted).