What is the test for a finding of prosecutorial misconduct for abuse of discretion?
California, United States of America
The following excerpt is from People v. Mitchell, B266080 (Cal. App. 2016):
"We review [a] trial court's rulings on prosecutorial misconduct for abuse of discretion. [Citation.]" (People v. Peoples (2016) 62 Cal.4th 718, 792-793; People v. Alvarez (1996) 14 Cal.4th 155, 213.)
If the record or trial court's ruling establishes prosecutorial misconduct, we review independently whether that misconduct "constituted outrageous government conduct in violation of [a] defendant's due process rights[.]" (People v. Uribe (2011) 199 Cal.App.4th 836, 860.)
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