What is the burden of proving the existence of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Rivas, F061170, F062077 (Cal. App. 2013):
The defendant has the burden of showing the existence of prosecutorial misconduct. Whether prosecutorial misconduct warrants a mistrial is a determination within the sound discretion of the trial court. (People v. Price (1991) 1 Cal.4th 324, 430.)
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