Is it a prosecutorial misconduct for a prosecutor to use misleading, deceptive, reprehensible or reprehensible methods to persuade either the court or the jury?

this inquiry, we 'do not lightly infer' that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements." (People v. Frye (1998) 18 Cal.4th 894, 970.)

Likewise, conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves " ' " 'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.' " ' " (People v. Ayala (2000) 23 Cal.4th 225, 283-284.)