What is the test for determining whether a defendant has been successful on the merits of his claim for damages from a prosecutor's comments?

California, United States of America

The following excerpt is from People v. Bishop, B282217 (Cal. App. 2019):

from the evidence to the alleged defense improprieties. [Citations.] . . . . For defendant's claim to prevail on the merits we ask ' "whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." ' " (People v. Cash, supra, 28 Cal.4th at pp. 732-733.) " '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. [Citation.]' " (People v. Centeno (2014) 60 Cal.4th 659, 667.)

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