Is a prosecutor's misconduct prejudiced in the trial of a defendant in a civil case?

California, United States of America

The following excerpt is from People v. Ardon, C072996 (Cal. App. 2014):

Furthermore, the prosecutor told the jury to follow the court's instructions where they conflicted with his argument, and the court instructed the jury to disregard any attorney comments conflicting with its instructions. We presume the jury followed these instructions. (Cf. People v. Hamilton (2009) 45 Cal.4th 863, 957.) Therefore, defendant has failed to show he was prejudiced, i.e., that it is reasonably probable he would have obtained a better result but for the prosecutor's alleged misconduct.

The judgment is affirmed.

BLEASE, Acting P. J.

We concur:

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