In what circumstances will the prosecutor or counsel be found to have made improper or improper comments to the jury at trial?

California, United States of America


The following excerpt is from People v. McElroy, B249638 (Cal. App. 2014):

In People v. Sandoval (1992) 4 Cal.4th 155, 183, for example, the prosecutor repeatedly referred to defense counsel's alleged attempts to mislead the jury, accused counsel of perpetrating a fraud on the court, and referred to the defense theories as " 'ridiculous' " and " 'nonsense.' " Sandoval found that the comments were improper but not prejudicial. (Id. at p. 184.)

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