California, United States of America
The following excerpt is from People v. Faulkner, C086717 (Cal. App. 2019):
" ' "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. [Citations.] In conducting this inquiry, [reviewing courts] 'do not lightly infer' that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements." ' [Citation.]" (People v. Adams (2014) 60 Cal.4th 541, 577.) The remarks are not reviewed in isolation, but in the context of the argument as a whole. (People v. Cole (2004) 33 Cal.4th 1158, 1203.)
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