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

California, United States of America


The following excerpt is from People v. Xicotencatl, G056045 (Cal. App. 2019):

"'"To prevail on a claim of prosecutorial misconduct based on remarks to the jury,"'" there must appear "'"a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner." [Citation.] "Prosecutors have wide latitude to discuss and draw inferences from the evidence at trial. [Citation.] Whether the inferences the prosecutor draws are reasonable is for the jury to decide."' [Citation.]" (People v. Jablonski (2006) 37 Cal.4th 774, 835.) A prosecutor commits misconduct if he or she misstates the evidence. (People v. Davis (2005) 36 Cal.4th 510, 550.)

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