What is the test for misconduct in a criminal case involving comments made by a prosecutor before the jury?

California, United States of America


The following excerpt is from People v. Tolefree, C084687 (Cal. App. 2019):

"When the issue 'focuses on 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.' [Citations.] Moreover, prosecutors 'have wide latitude to discuss and draw inferences from the evidence at trial,' and whether 'the inferences the prosecutor draws are reasonable is for the jury to decide.' " (People v. Cole (2004) 33 Cal.4th 1158, 1202-1203.) Nonetheless, "mischaracterizing the evidence is misconduct." (People v. Hill (1998) 17 Cal.4th 800, 823.)

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3. Four- to Eight-Hour Window

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