Can a prosecutor be admonished for making inappropriate comments to the jury?

California, United States of America


The following excerpt is from People v. Weisner, B251312 (Cal. App. 2015):

even when those actions do not result in a fundamentally unfair trial.' [Citation.] 'In order to preserve a claim of misconduct, a defendant must make a timely objection and request an admonition; only if an admonition would not have cured the harm is the claim of misconduct preserved for review.' [Citation.] When a claim of misconduct is based on the prosecutor's comments before the jury, '"the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion."' [Citation.]" (People v. Friend (2009) 47 Cal.4th 1, 29.) Prejudice does not exist where "'"it is not reasonably probable that the prosecutor's occasional intemperate behavior affected the jury's evaluation of the evidence or the rendering of its verdict."' [Citation.]" (People v. Friend, supra, 47 Cal.4th at p. 31.)

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