What is the test for overturning a conviction for prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Gustavo M., A145499 (Cal. App. 2019):

A conviction will not be reversed for prosecutorial misconduct unless it is reasonably probable the jury would have reached a more favorable result in the absence of the misconduct. (People v. Crew (2003) 31 Cal.4th 822, 839.) Where the challenge is to comments made to 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." (People v. Berryman (1993) 6 Cal.4th 1048, 1072.)

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