What is the test for reversing a criminal conviction based on inappropriate comments by a prosecutor?
MultiRegion, United States of America
The following excerpt is from United States v. Barragan, 871 F.3d 689 (9th Cir. 2017):
"Inappropriate prosecutorial comments, standing alone, would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair proceeding." United States v. Young , 470 U.S. 1, 11, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985). We "must consider the probable effect the prosecutor's [comments] would have on the jury's ability to judge the evidence fairly," "within the context of the trial." Id. at 12, 105 S.Ct. 1038.20
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