What is the test for improper conduct by a prosecutor before the jury in a civil case?
California, United States of America
The following excerpt is from People v. Livingston, C076712 (Cal. App. 2016):
the impropriety. [Citation.] Additionally, when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.' [Citation.]" (People v. Ochoa (1998) 19 Cal.4th 353, 427; see also People v. Carter (2005) 36 Cal.4th 1114, 1204.)
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