Can a prosecutor be charged with misconduct for making comments that referred to "OG" in a news article?

California, United States of America


The following excerpt is from People v. Dubose, A156045 (Cal. App. 2020):

Furthermore, the prosecutor's departure from propriety was not of such significance as to infect the trial with unfairness or deny defendant due process or a fair trial, nor did it rise to the level of deceptive or reprehensible methods to attempt to persuade the jury. (People v. Hill (1967) 66 Cal.2d 536, 561 [prosecutor "cannot be charged with misconduct if his comments only spill over somewhat into a forbidden area; the departure from propriety must be a substantial one"].) As discussed, defendant was given the opportunity to put forth his understanding of the meaning of the term "OG." The news article in question did not directly relate to this case, and the prosecutor did not allude to any case-specific facts available solely to the government. On this record, we find no substantial impropriety to warrant reversal of the conviction.

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