What is the test for a claim of misconduct against a prosecutor who made a "misunderstanding" remark to a jury?
California, United States of America
The following excerpt is from People v. Ayala, 24 Cal.4th 243, 6 P.3d 193, 99 Cal.Rptr.2d 532 (Cal. 2000):
"When we review a claim of prosecutorial remarks constituting misconduct, we examine whether there is a reasonable likelihood that the jury would have understood the remark to cause the mischief complained of." (People v. Osband (1996) 13 Cal.4th 622, 689, 55 Cal.Rptr.2d 26, 919 P.2d 640.)
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