Does the aggregate prejudicial effect of prosecutorial misconduct and other legal errors outweigh the prejudice of each error standing alone?

California, United States of America


The following excerpt is from People v. Hill, 17 Cal.4th 800, 72 Cal.Rptr.2d 656, 952 P.2d 673 (Cal. 1998):

Defendant's trial, as seen, was far from perfect. In the circumstances of this case, the sheer number of instances of prosecutorial misconduct and other legal errors raises the strong possibility the aggregate prejudicial effect of such errors was greater than the sum of the prejudice of each error standing alone. (Cf. People v. Roberts (1992) 2 Cal.4th 271, 326, 6 Cal.Rptr.2d 276, 826 P.2d 274 [concluding "the whole" of the trial errors "did not outweigh the sum of their parts"].)

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