California, United States of America
The following excerpt is from People v. GARCIA, F059248, No. F09900453 (Cal. App. 2011):
Appellant claims the prosecutor committed misconduct of a prejudicial nature during the opening statement and that, as a result of that misconduct, the trial court should have granted appellant's motion for a new trial. ( 1181, subd. 5 [new trial may be granted if prosecutor "has been guilty of prejudicial misconduct during the trial thereof before a jury"].) On appeal, a trial court's denial of a motion for new trial is reviewed for abuse of discretion and will not be disturbed unless "'"a manifest and unmistakable abuse of discretion clearly appears."'" (People v. Guerra (2006) 37 Cal.4th 1067, 1159-1160.)
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