California, United States of America
The following excerpt is from People v. Niweigha, A155152 (Cal. App. 2020):
Defendant contends the prosecutor's argument constitutes misconduct because it was inflammatory and sought to engender sympathy for the son as an additional victim. The Attorney General does not dispute that a reasonable jury might construe the prosecutor's argument as defendant asserts. (People v. Cole (2004) 33 Cal.4th 1158, 1202-1203 [In reviewing " '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.' "].) The Attorney General correctly asserts, however, that any potential error was harmless beyond a reasonable doubt.
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