What is the test for a finding of misconduct by failing to object to comments made by a prosecutor to a jury?
California, United States of America
The following excerpt is from People v. Fuentes, D074195 (Cal. App. 2019):
use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury. When a claim of misconduct is based on the prosecutor's comments before the jury, . . . the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (People v. Adams (2014) 60 Cal.4th 541, 568-569, citations and internal quotation marks omitted.)
a. Forfeiture by Failing to Object
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