What is the test for a claim of prosecutorial misconduct based on remarks to the jury?

California, United States of America


The following excerpt is from People v. Acquah, C081642 (Cal. App. 2017):

" 'To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner.' [Citation.]" (People v. Wilson (2005) 36 Cal.4th 309, 337.) "The 'prosecutor is entitled to comment on the credibility of witnesses based on the evidence adduced at trial.' [Citation.]" (Id. at p. 338.) " 'To establish prosecutorial misconduct, it is not necessary to show the prosecutor acted in bad faith, but it is necessary to show the right to a fair trial was prejudiced. [Citation.]' [Citation.]" (People v. Vargas (2001) 91 Cal.App.4th 506, 569.)

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