What is the applicable standard of review for claims of prosecutorial misconduct at the penalty phase?
California, United States of America
The following excerpt is from People v. Adams, 179 Cal.Rptr.3d 644, 336 P.3d 1223, 60 Cal.4th 541 (Cal. 2014):
We earlier set forth the applicable standard of review for claims of prosecutorial misconduct at the guilt phase. (See ante, pt. II.A.2.) The same standard applies to asserted misconduct at the penalty phase. (People v. Lopez (2013) 56 Cal.4th 1028, 1075, 157 Cal.Rptr.3d 570, 301 P.3d 1177.)
[60 Cal.4th 574]
a. Prosecutor's argument regarding defendant's mitigating evidence of childhood abuse by his grandmother
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