California, United States of America
The following excerpt is from People v. Sneed, B276525 (Cal. App. 2018):
We discussed the law governing prosecutorial misconduct claims above. Further, "'[w]hen a claim of misconduct is 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."' [Citations.]' [Citation.]" (People v. Gonzales, supra, 51 Cal.4th at p. 920.)
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1. Burden-shifting
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