When will a defendant be able to bring a claim for prosecutorial misconduct based on the prosecutor's comments before the jury?
California, United States of America
The following excerpt is from People v. Holmes, C086438 (Cal. App. 2020):
When a defendant claims prosecutorial misconduct based on the prosecutor's comments before the jury, " ' "the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." ' " (People v. Friend (2009) 47 Cal.4th 1, 29.)
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