What is the test for misconduct in a criminal case where a prosecutor improperly referred to a defendant in a question at trial by mistake?

The identification of such misconduct, however, is only a first step. We must consider that misconduct in context to determine whether the error was so serious and prejudicial as to compel a new penalty proceeding. See generally Greer v. Miller , 483 U.S. 756, 75666, 107 S.Ct. 3102, 97 L.Ed.2d 618 (1987) (observing that when defendant contends that prosecutors question rendered trial fundamentally unfair, "it is important as an initial matter to place the remark in context" (alterations and internal quotation marks omitted) ).¹⁹