What is the test for a claim of prosecutorial misconduct based on comments made by a prosecutor to a jury?

California, United States of America


The following excerpt is from People v. Lewis, A134480 (Cal. App. 2013):

fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury.' [Citation.] When a claim of misconduct is based on the prosecutor's comments before the jury, as all of defendant's claims are, '"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. Gonzales and Soliz (2011) 52 Cal.4th 254, 305.)

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