Cler v. Providence Health System-Oregon

A common situation in jury trials, both civil and criminal, is the problem of the so-called “invited response” or “invited reply.” It occurs when one party, in closing argument, resorts to an improper argument that, if left unaddressed, could mislead the jury or otherwise encourage the jury to base its verdict on an impermissible consideration. The other party fails to object and, to counter the provoking argument, resorts to improper argument in response. If the party who provoked the exchanges loses and appeals, it often falls to the appellate court to determine in such a circumstance…