What is the test for a claim of misconduct by the prosecution at trial?
California, United States of America
The following excerpt is from People v. Ballard, 104 Cal.App.3d 757, 164 Cal.Rptr. 81 (Cal. App. 1980):
A claim of misconduct by the prosecution at trial will not be considered on appeal if it was not timely raised by the defense during trial absent a finding that the misconduct contributed to the verdict or was so unredeemable that nothing whatsoever would have cured it. (People v. Strickland, 11 Cal.3d 946, 955, 114 Cal.Rptr. 632, 523 P.2d 672.)
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