What is the legal test for reversal of a finding of criminal misconduct that violates the federal Constitution?

In any event, reversal is not required. Prosecutorial misconduct that violates the federal Constitution is reversible error unless the reviewing court finds beyond a reasonable doubt the misconduct did not affect the verdict. (People v. Pigage (2003) 112 Cal.App.4th 1359, 1375.) Misconduct under state law mandates reversal if there is a reasonable probability a result more favorable to the defendant would have occurred absent the error. (Ibid.) Again, under the facts of this case, there is not even a reasonable probability defendant would have received a more favorable result had the complained-of conduct not occurred.

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