What is the state of the law in the context of a prosecutor's misstatement to a jury in a civil case?

California, United States of America


The following excerpt is from People v. McCullough, E052601 (Cal. App. 2012):

Here there was no misconduct. The prosecutor clearly misspoke, but did not misstate the law in a manner which could mislead the jury. The misstatement was fleeting, involving a single inadvertent misstatement, which was made immediately following the correct statement of the law. Further, the trial court gave the proper instructions on the theory of imperfect self-defense for voluntary manslaughter, thus curing any harm if there had been any misconduct. Arguments of counsel generally carry less weight with a jury than do instructions from the court. (People v. Mendoza (2007)

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