What is the test for making a claim of prosecutorial misconduct in a criminal case?
California, United States of America
The following excerpt is from People v. Buenrostro, 2d Crim. No. B288855 (Cal. App. 2019):
remarks could be construed as improper. [Citation.] Instead, '[a] defendant asserting prosecutorial misconduct must . . . establish a reasonable likelihood the jury construed the remarks in an objectionable fashion.' [Citations.]" (People v. Potts (2019) 6 Cal.5th 1012, 1036.)
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