What is the test for a juror to claim prejudicial misconduct based upon comments made by a prosecutor to the jury?

California, United States of America


The following excerpt is from People v. Samaniego, H035530 (Cal. App. 2011):

"In evaluating a claim of prejudicial misconduct based upon a prosecutor's comments to the jury, we decide whether there is a reasonable possibility that the jury construed or applied the prosecutor's comments in an objectionable manner. [Citations.]" (People v. Cunningham (2001) 25 Cal.4th 926, 1019.) Further, "we consider how the statement would, or could, have been understood by a reasonable juror in the context of the entire argument. [Citations.]" (People v. Woods (2006) 146 Cal.App.4th 106, 111.) "No misconduct exists if a juror would have taken the statement to state or imply nothing harmful." (Ibid.)

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