The following excerpt is from Pogue v. Swarthout, Case No. 1:11-cv-00192-LJO-SKO-HC (E.D. Cal. 2014):
In determining whether remarks rendered a trial fundamentally unfair, a court must judge the remarks in the context of the entire proceeding to determine whether the argument influenced the jury's decision. Boyde v. California, 494 U.S. 370, 385 (1990); Darden v. Wainwright, 477 U.S. at 179-82. Here, a consideration of the prosecutor's statements in the context of the overall argument reflects that it is not reasonably likely a reasonable juror would have understood the prosecutor's argument as modifying or misstating the burden of proof which was the subject of instruction. The state court properly concluded that the prosecutor was reminding the
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