California, United States of America
The following excerpt is from People v. Belvins, E070123 (Cal. App. 2020):
Next, we consider whether defendant was prejudiced, assuming the People committed prosecutorial misconduct as alleged. "A defendant's conviction will not be reversed for prosecutorial misconduct . . . unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct." (People v. Crew (2003) 31 Cal.4th 822, 839.) In this case defendant argues that the misconduct alleged prejudiced him because his defense rested on a credibility determination. Namely, defendant claims that his defense turned on whether the jury believed him that he did not use violence while stealing the phone, and that the prosecutor's alleged misconduct impermissibly called this credibility into question.
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