How have courts dealt with allegations of misconduct by a prosecutor at a jury trial?

California, United States of America


The following excerpt is from People v. Littlejohn, (Cal. App. 2013):

Appellant asserts the prosecutor engaged in misconduct by essentially calling him a "liar" during closing argument. Appellant waived this claim by failing to object at trial. (People v. Wrest (1992) 3 Cal.4th 1088, 1105.) Moreover, he has not demonstrated that the comments constituted misconduct or were prejudicial. (See People v. Barnett (1998) 17 Cal.4th 1044, 1133.)

Finally, appellant contends the trial court erred by denying his Batson/Wheeler motion. The record discloses, however, that appellant failed to establish a prima facie case of discrimination and that, even if he had met that burden, the prosecutor had race neutral reasons for excusing the two African-American prospective jurors in question. (See People v. Williams (2013) 56 Cal.4th 630, 649.)

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