In a sexual assault case, what is the effect of the admonition issued by the Court of Appeal against a prosecutor's misconduct?

California, United States of America


The following excerpt is from The People v. Phillips, F058420, No. BF124569A (Cal. App. 2010):

We disagree with appellant that his case is akin to People v. Herring (1993) 20 Cal.App.4th 1066 (Herring) in which the appellate court found the trial court's admonition did not cure the harm caused by the prosecutor's misconduct. In Herring, the prosecutor, during closing, described his role as representing "victims," while defense counsel's "'people are rapists, murderers, robbers, child molesters," that defense counsel had to help them "plan a defense," that he didn't want to hear the truth, and that he had coached the defendant. (Id. at pp. 1073-1074.) The prosecutor also referred to the defendant, accused of assault with intent to commit rape, attempted rape, and sexual battery, as, among other things, "'primal man in his most basic level'" and "'like a dog in

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