California, United States of America
The following excerpt is from People v. Grose, F058464 (Cal. App. 2011):
presented in the superior court, longstanding precedent commands affirmance of the judgment of conviction. Under well-established authority, prosecutorial misconduct is not prejudicial where "it is [not] 'reasonably probable that a result more favorable to the defendant would have occurred' absent the misconduct. [Citation.]" (People v. Welch, supra, 20 Cal.4th at p. 753.) In light of the strong prosecution evidence and the court's instruction on the treatment of evidence, it is not reasonably probable the result would have been different absent the pointed questioning and commentary by the prosecutor.
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