What is the test for using "objectionable misconduct" as an argument in a criminal case?
California, United States of America
The following excerpt is from People v. Gutierrez, B241823 (Cal. App. 2014):
In arguing that these words amounted to objectionable misconduct, defendant cites Burns v. Gammon (8th Cir. 2001) 260 F.3d 892, 896 (Burns), for the proposition that "The prosecution cannot use the defendant's exercise of specific fundamental
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