If a prosecutor tries to inflame the passions of the jury against a defendant, or cites to facts not in evidence, is he guilty of misconduct?
California, United States of America
The following excerpt is from People v. Ramirez, A141644 (Cal. App. 2016):
If a prosecutor tries to inflame the passions of the jury against a defendant, or cites to facts not in evidence, he is guilty of misconduct if his conduct deprived the defendant of a fair trial. (See People v. Hill (1998) 17 Cal.4th 800, 825; id. at p. 830.)
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