What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
The following excerpt is from People v. Johnson, C050093 (Cal. App. 8/21/2007), C050093 (Cal. App. 2007):
"`To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. . . . In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements.'" (People v. Brown (2003) 31 Cal.4th 518, 553-554.)
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