What is the test for a claim for prosecutorial misconduct in a criminal case?

The standards governing a claim for prosecutorial misconduct are well established. "A prosecutor's conduct violates the federal Constitution when it infects the trial with such unfairness as to make the resulting conviction a denial of due process. Conduct by a prosecutor that does not rise to this level nevertheless violates California law if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. [Citations.] To preserve a prosecutorial misconduct claim for appeal, the defendant ' "must make a timely and specific objection and ask the trial court to admonish the jury to disregard the impropriety" ' unless doing so would be futile or an admonition would not cure the harm." (People v. Whalen (2013) 56 Cal.4th 1, 52.)

Between his direct appeal and his habeas petition, defendant identifies 23 separate instances of purported prosecutorial misconduct in the trial court proceedings. Defendant acknowledges that his trial attorney did not object to any of the asserted misconduct but argues that the misconduct was so "pervasive and intentional" that an objection was not necessary to preserve the issue on appeal, or alternatively, that counsel was ineffective in failing to object. Despite the fact that defendant has forfeited his prosecutorial misconduct claims by failing to object, we shall nonetheless exercise our discretion to review them on their merits. In doing so, we are mindful that " '[a] defendant's conviction will not be reversed for prosecutorial misconduct . . . unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct.' " (People v. Tully (2012) 54 Cal.4th 952, 1010.)⁷

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A. The prosecutor did not improperly attack the integrity of defense counsel.