What is the legal test for a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Scott, D074334 (Cal. App. 2020):

5. While courts often use the term prosecutorial misconduct, we refer to the claim as raising one of purported prosecutorial error. (See People v. Potts (2019) 6 Cal.5th 1012, 1036 ["A claim of prosecutorial misconduct may have merit even absent proof that a prosecutor had 'a culpable state of mind.' [Citation.] For this reason, '[a] more apt description of the transgression is prosecutorial error' "].)

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