How have courts interpreted statements by a prosecutor before the jury to demonstrate misconduct?

California, United States of America


The following excerpt is from People v. Wharry, F072985 (Cal. App. 2018):

defendant singles out words and phrases, or at most a few sentences, to demonstrate misconduct, we must view the statements in the context of the argument as a whole." (People v. Dennis (1998) 17 Cal.4th 468, 522.) " 'Additionally, when the claim focuses upon comments made by the prosecutor 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.' " (People v. Ochoa (1998) 19 Cal.4th 353, 427.)

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