Can a prosecutor and a trial judge be found to have made prejudicial errors in a case?

California, United States of America


The following excerpt is from People v. La Fontaine, 144 Cal.Rptr. 729, 79 Cal.App.3d 176 (Cal. App. 1978):

Our review of the record, however, does not indicate any misconduct by the prosecutor that could be deemed to constitute prejudicial error nor any conduct by the trial judge that could be considered to establish any bias or prejudice against defendant. We recognize the rule that a prosecutor "cannot overreach by stating his personal belief based on facts not in evidence." (People v. Bandhauer (1967) 66 Cal.2d 524, 529, 58 Cal.Rptr. 332, 335, 426 P.2d 900, 903.) But we do not find that there was any violation of this rule in the case at bench.

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