What is the test for a finding of misconduct in a criminal case where a defendant objects to comments made by a prosecutor at trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Dolgaard, 57 F.3d 1078 (9th Cir. 1995):

Prosecutorial comments to which the defendant objects are reviewed for harmless error, while comments to which the defendant failed to object are reviewed for plain error. United States v. Endicott, 803 F.2d 506, 513 (9th Cir.1986). A claim of prosecutorial misconduct must be viewed in the entire context of the trial. "Reversal is justified only when such misconduct denies the defendant a fair trial ... Even if misconduct occurred, reversal is warranted only if it is more probable than not that the misconduct materially affected the verdict." United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).

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