Can a prosecutor misstate the law to the jury?
California, United States of America
The following excerpt is from People v. Upchurch, C079815 (Cal. App. 2019):
It is improper for a prosecutor to misstate the law to the jury, and the question is whether there is a reasonable likelihood the jury construed or applied the subject remarks in an objectionable fashion. (People v. Whalen (2013) 56 Cal.4th 1, 77; People v. Thomas (2012) 53 Cal.4th 771, 797.) The reviewing court does not lightly infer that the jury drew the most damaging meaning from the remarks but instead considers them in the
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