How have courts treated allegations of prosecutorial misconduct in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Le, D057392, Super. Ct. No. SCD212126 (Cal. App. 2012):

We need not determine whether the prosecution engaged in any misconduct or whether the trial court erred in giving the curative instruction because even if we assume the record supported such conclusions, we nonetheless would conclude any conceivable error, misconduct or deficiency was harmless by any standard. (See People v. Sandoval (1992) 4 Cal.4th 155, 193-194 [alleged prosecutorial misconduct harmless where there was no reasonably possibility the jury would have reached a more favorable verdict had the misconduct not occurred].)

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