What constitutes prosecutorial misconduct in a civil case?

California, United States of America


The following excerpt is from People v. Burgener, 129 Cal.Rptr.2d 747, 29 Cal.4th 833, 62 P.3d 1 (Cal. 2003):

Defendant identifies four separate instances of asserted prosecutorial misconduct that were, singly or together, so prejudicial as to mandate a mistrial. As we have previously explained, a mistrial should be granted "only when `"a party's chances of receiving a fair trial have been irreparably damaged."'" (People v. Ayala, supra, 23 Cal.4th at p. 282, 96 Cal.Rptr.2d 682, 1 P.3d 3.) We review the trial court's ruling for abuse of discretion and find no such abuse here. (Ibid.)

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