Can a defendant bring a motion for a new trial because the jury was tainted when the prosecutor shifted the burden of proof to the defense?

California, United States of America


The following excerpt is from People v. Parker, C068847 (Cal. App. 2012):

Defendant claims the trial court should have granted his motion for a new trial because the jury was tainted when the prosecutor shifted the burden of proof to the defense. When a claim " 'focuses upon 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.' [Citation.]" (People v. Prieto (2003) 30 Cal.4th 226, 260.)

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