What is the applicable legal standard for a claim of prosecutorial misconduct at the penalty phase?
California, United States of America
The following excerpt is from People v. Lopez, S073597 (Cal. 2013):
We previously have set forth the applicable legal standard in our review of defendant's claims of prosecutorial misconduct at the guilt phase. (See ante, pt. II.D.) The same standard applies to asserted misconduct at the penalty phase. (People v. Williams (2010) 49 Cal.4th 405, 464.)
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