What is the test for a claim of prosecutorial misconduct based on a prosecutor's comments to the jury?
California, United States of America
The following excerpt is from People v. Davis, A134565 (Cal. App. 2014):
In evaluating a claim of prosecutorial misconduct based on a prosecutor's comments to the jury, we must determine whether " 'there is a reasonable possibility that the jury construed or applied the prosecutor's comments in an objectionable manner. [Citations.]' " (People v. Valdez (2004) 32 Cal.4th 73, 132-133; People v. Berryman (1993) 6 Cal.4th 1048, 1072, overruled on another ground in Hill, supra, 17 Cal.4th at p. 823, fn. 1.)
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