Is a prosecutor's misstatement of the burden of proof curable?
California, United States of America
The following excerpt is from People v. Gomez, B282482 (Cal. App. 2018):
Defendant has not shown that objections to the identified statements would have been futile. A prosecutor's misstatements of law, including a misstatement of the burden of proof, are generally curable by an admonition from the court. (People v. Centeno, supra, 60 Cal.4th at p. 674.) Thus, defendant has forfeited claims concerning the first and fourth sets of remarks above.
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