What is the test for alleging misconduct by a prosecutor during a closing argument?

California, United States of America


The following excerpt is from People v. Magana, B281616 (Cal. App. 2018):

to 'show that, "[i]n the context of the whole argument and the instructions" [citation], there was "a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner.["]' [Citation.] If the challenged comments, viewed in context, 'would have been taken by a juror to state or imply nothing harmful, [then] they obviously cannot be deemed objectionable.' [Citation.]" (People v. Cortez (2016) 63 Cal.4th 101, 130.) Defendant contends the prosecutor committed misconduct by misstating or mischaracterizing his trial testimony during closing argument.10 The contention is forfeited, and regardless, there was no misconduct.

1. Additional background

During defendant's testimony, the prosecutor questioned defendant about his loyalty to Marlon and MS-13:

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