Can a jury overturn a finding that a prosecutor's comments were improperly applied to the jury?

California, United States of America


The following excerpt is from People v. Rodriguez, G041776 (Cal. App. 2/18/2010), G041776. (Cal. App. 2010):

This is not a close case and reversal is not warranted. The prosecutor's comments were cured by the court's admonition and instructions to the jury. Even if the jury ignored the court's admonition and did improperly apply the prosecutor's comments, we conclude beyond a reasonable doubt that the error did not contribute to the verdict, (Chapman v. California, supra, 386 U.S. 18; People v. Watson, supra, 46 Cal.2d 818) and that there is no reasonable probability there would have been a result more favorable to defendant but for the prosecutor's misconduct. (People v. Watson, supra, 46 Cal.2d 818.)

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