What is the test for a finding of prosecutorial misconduct in a civil case?
California, United States of America
The following excerpt is from People v. Ruiz, B229633 (Cal. App. 2012):
Prosecutorial misconduct under the federal constitutional perspective requires the reversal of a defendant's conviction unless a reviewing court finds it harmless beyond a reasonable doubt. (People v. Cook (2006) 39 Cal.4th 566, 608.) Prosecutorial misconduct under state law requires reversal when a reviewing court finds that it is reasonably probable the result of a defendant's trial would have been more favorable without the misconduct. (Ibid.)
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