What is the test for reversal of a finding of not guilty of misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. SMITH, E048186, No. RIF128500 (Cal. App. 2010):

Moreover, even if we were to assume without actually deciding that the prosecutor's statement was improper, and were to assume further that an objection was unnecessary because the prosecutor's statement was so egregious it could not be cured with an appropriate admonition to the jury, reversal of the judgment would only be required if the misconduct were prejudicial. (People v. Bolton (1979) 23 Cal.3d 208, 214 ["in the absence of prejudice to the fairness of a trial, prosecutor misconduct will not trigger reversal"].)

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