Does a prosecutor's comment on presumption of innocence constitute prejudicial misconduct?

California, United States of America


The following excerpt is from People v. Crooks, F062098 (Cal. App. 2012):

Crooks contends that the prosecutor's comment on presumption of innocence misstated the law and constituted prejudicial misconduct. (People v. Bell (1989) 49 Cal.3d 502, 536-540 [improper for prosecutor to mislead judge or jury by misstating facts or law].) Because Crooks did not object or request that the jury be admonished concerning any of the remarks, the claim has been forfeited.

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