In what circumstances will the Court consider whether a prosecutor committed prejudicial misconduct for comments made to a jury in a civil case?

[861 P.2d 1148] In view of the foregoing, we may--and indeed must--reach the merits of the "waived" question whether the prosecutor committed prejudicial misconduct and, in so doing, resolve the issue in the affirmative. Our failure to act would subvert both justice and the appearance of justice. This is certainly an egregious case that calls for our intervention. As explained, the prosecutor's comments "seriously affected 'substantial rights[ ]' " enjoyed by defendant, including his federal and state constitutional guaranties concerning establishment of religion, cruel and unusual punishments, and due process of law, and must be held to have had an "unfair prejudicial impact on the jury's deliberations." (United States v. Young, supra, 470 U.S. 1, at p. 17, 105 S.Ct. 1038, at p. 1047, 84 L.Ed.2d 1, at p. 13, fn. 14.)