California, United States of America
The following excerpt is from People v. Holbrook, H030448 (Cal. App. 10/22/2007), H030448 (Cal. App. 2007):
Under federal law, " `[i]mproper remarks by a prosecutor can " `so infect[] the trial with unfairness as to make the resulting conviction a denial of due process.' " ' " (People v. Carter, supra, 36 Cal.4th at p. 1204.) Under state law, "a prosecutor who uses deceptive or reprehensible methods to persuade either the court or the jury has committed misconduct, even if such action does not render the trial fundamentally unfair." (Ibid. )
"Misconduct that infringes upon a defendant's constitutional rights mandates reversal of the conviction unless the reviewing court determines beyond a reasonable doubt that it did not affect the jury's verdict. [Citations.] A violation of state law . . . is cause for reversal [only] when it is reasonably probable that a result more favorable to the defendant would have occurred had the district attorney refrained from the untoward comment. [Citations.] In either case, only misconduct that prejudices a defendant requires reversal [citation], and a timely admonition from the court generally cures any harm. [Citation.]" (People v. Pigage (2003) 112 Cal.App.4th 1359, 1375.)
A. Cross-Examination of Defendant
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