California, United States of America
The following excerpt is from People v. Doane, 281 Cal.Rptr.3d 594, 66 Cal.App.5th 965 (Cal. App. 2021):
" "[I]t is improper for the prosecutor to misstate the law generally [citation], and particularly to attempt to absolve the prosecution from its prima facie obligation to overcome reasonable doubt on all elements." " ( People v. Lloyd (2015) 236 Cal.App.4th 49, 62, 186 Cal.Rptr.3d 245.) When a claim of prosecutorial error " 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. " ( People v. Smithey (1999) 20 Cal.4th 936, 960, 86 Cal.Rptr.2d 243, 978 P.2d 1171.)
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