How have courts treated the issue of prosecutorial error in a criminal case?

California, United States of America


The following excerpt is from People v. Ratcliffe, E063690 (Cal. App. 2017):

2. We will use the term "prosecutorial error" because it is a more apt description than prosecutorial misconduct. (People v. Centeno (2014) 60 Cal.4th 659, 666-667.)

3. G., J., M.1, M.2, and Y.

4. Defendant focuses on the following exchange that occurred prior to the advisement of his Miranda rights:

"INVESTIGATOR WATERS: . . . Antoine; right, partner?

"[DEFENDANT]: Hi, how are you doing?

"INVESTIGATOR WATERS: Good. Good, how are you, man?

"[DEFENDANT]: I'm all right. [] . . . []

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