In what circumstances will a prosecutor be found to have committed misconduct in denying a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Clerk, F059218, Super. Ct. No. MCR025582 (Cal. App. 2011):
In any event, even were we to find that the prosecutor committed misconduct, we would not conclude that the trial court abused its discretion in denying the mistrial motion. Prosecutorial misconduct does not require a mistrial or reversal on appeal unless it subjects the defendant to prejudice. (People v. Batts (2003) 30 Cal.4th 660, 690; People v. Warren (1988) 45 Cal.3d 471, 480.)
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