What is the cumulative effect of prosecutorial misconduct on a defendant's case?

California, United States of America


The following excerpt is from People v. Ross, B263980 (Cal. App. 2017):

Having failed to demonstrate that any of the many instances of alleged prosecutorial misconduct individually amounted to prejudicial error, defendant contends that the cumulative effect of the alleged misconduct resulted in a denial of due process and an unfair trial in violation of the federal and California constitutions. Where, as here, a defendant has forfeited his claims of alleged prosecutorial misconduct by failing to object and request an admonition, and the case was not a close one, he has also failed to demonstrate a cumulative prejudicial effect or the denial of a fair trial. (See People v. Mendoza (2007) 42 Cal.4th 686, 705.)

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