California, United States of America
The following excerpt is from People v. Cardenas, B268341 (Cal. App. 2018):
misconduct under state law only if it involves ' " 'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.' " ' [Citation.] . . . Additionally, when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. [Citation.]" (People v. Samayoa (1997) 15 Cal.4th 795, 841.)
We now turn to the multiple, specific instances of alleged prosecutorial misconduct.
B. Shifting the burden of proof
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