What is the test for misconduct by a prosecutor at a civil trial where the prosecutor made comments that defense counsel did not object to?
California, United States of America
The following excerpt is from People v. Uitz, B225976 (Cal. App. 2011):
Defense counsel did not object to these comments, and therefore the issue was forfeited on appeal. (People v. Samayoa, supra, 15 Cal.4th at p. 841.) But any misconduct by the prosecutor was not prejudicial. " 'A prosecutor is allowed to make vigorous arguments and may even use such epithets as are warranted by the evidence, as long as these arguments are not inflammatory and principally aimed at arousing the
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