Is a prosecutor who uses deceptive or reprehensible methods to persuade the jury has committed misconduct?

California, United States of America


The following excerpt is from People v. Chapa, C070207 (Cal. App. 2015):

A prosecutor who uses deceptive or reprehensible methods to persuade the jury has committed misconduct. (People v. Hill, supra, 17 Cal.4th at p. 819.) Where a claim of misconduct is based on the prosecutor's arguments to the jury, the question is whether

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there is a reasonable likelihood the jury construed or applied the remarks in an objectionable fashion. (People v. Smithey (1999) 20 Cal.4th 936, 960.)

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