What is the test for a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Lake, D074304 (Cal. App. 2020):
"A claim of prosecutorial misconduct may have merit even absent proof that a prosecutor had 'a culpable state of mind.' [Citation.] For this reason, '[a] more apt description of the transgression is prosecutorial error.' [Citation.] . . . For such remarks to constitute error, however, it is not enough that the remarks could be construed as improper. [Citation.] Instead, '[a] defendant asserting prosecutorial misconduct must . . . establish a reasonable likelihood the jury construed the remarks in an
Page 20
objectionable fashion.' [Citations.]" (People v. Potts (2019) 6 Cal.5th 1012, 1036 (Potts).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
