Are there any cases where a prosecutor's comments to the jury were declared not to be misconduct?

California, United States of America


The following excerpt is from People v. Cowan, 214 Cal.Rptr.3d 576, 8 Cal.App.5th 1152 (Cal. App. 2017):

The People argue the prosecutor's comments here were similar to those declared not to be misconduct in People v. Booker (2011) 51 Cal.4th 141, 119 Cal.Rptr.3d 722, 245 P.3d 366. There the prosecutor told the jury: " I had the burden of proof when this trial started to prove the defendant guilty beyond a reasonable doubt, and that is still my burden. It's all on the prosecution. I'm the prosecutor. That's my job. [] The defendant was presumed innocent until the contrary was shown. That presumption should have left many days ago. He doesn't stay presumed innocent. " (Id. at p. 183, 119 Cal.Rptr.3d 722, 245 P.3d 366.)

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