What is the test for reversal of a conviction for gross misconduct in a civil case?

California, United States of America


The following excerpt is from People v. Fernandez, B238775 (Cal. App. 2013):

Misconduct that infringes upon a defendant's constitutional rights mandates reversal of the conviction unless the reviewing court determines beyond a reasonable doubt that it did not affect the jury's verdict. [Citations.] A violation of state law only is cause for reversal when it is reasonably probable that a result more favorable to the defendant would have occurred had the district attorney refrained from the untoward comment. [Citations.]" (People v. Pigage (2003) 112 Cal.App.4th 1359, 1375.)

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