Can a defendant seek a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial?

California, United States of America

The following excerpt is from People v. Figueroa, B279062 (Cal. App. 2019):

A defendant may move for a new trial on the ground that the prosecutor committed prejudicial misconduct during trial. ( 1181, subd. (5).) " 'We review a trial court's ruling on a motion for a new trial under a deferential abuse-of-discretion standard.' [Citations.] ' "A trial court's ruling on a motion for new trial is so completely within that court's discretion that a reviewing court will not disturb the ruling absent a manifest and unmistakable abuse of that discretion." ' [Citations.]" (People v. Thompson (2010) 49 Cal.4th 79, 140.)

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