What is the test for determining whether a prosecutor made inappropriate remarks to a jury regarding vouching?
California, United States of America
The following excerpt is from People v. Benavides, F066012 (Cal. App. 2014):
Since the trial court below provided an admonishment to the jury regarding the prohibition against vouching, we need not decide whether the challenged remarks rose to the level of prosecutorial misconduct. As in other situations, "[w]e presume the jury heeded the admonition and that any error was cured." (People v. Dickey (2005) 35 Cal.4th 884, 914 [proper admonishment by the trial court precluded reversal on grounds of improper vouching].) Furthermore, Benavides has not demonstrated any likelihood that the outcome of her case would have been different but for the prosecutor's
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allegedly inappropriate comments. (See People v. Ellison (2011) 196 Cal.App.4th 1342, 1353 ["we do not reverse a defendant's conviction because of prosecutorial misconduct unless it is reasonably probable the result would have been more favorable to the defendant in the absence of the misconduct."].) Therefore, even assuming arguendo that prosecutorial misconduct occurred, such error would be harmless under any standard of prejudice.
The judgment is affirmed.
/s/_________
Gomes, Acting P.J.
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