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. Soto, D068278 (Cal. App. 2016):
outcome was affected." (People v. Shazier (2014) 60 Cal.4th 109, 127 (Shazier).) "'"'To prevail on a claim of prosecutorial misconduct based on remarks to the jury,'"' there must appear '"'a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner."'" (Ibid.)
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