What is the test for determining whether a prosecutor's comments were construed or applied in an objectionable fashion?

California, United States of America


The following excerpt is from People v. Dominguez, G036984 (Cal. App. 6/8/2007), G036984 (Cal. App. 2007):

Even absent forfeiture, defendant's arguments would fail. We consider whether there is a reasonable likelihood the jury construed or applied any of the prosecutor's complained-of remarks in an objectionable fashion. (People v. Cunningham (2001) 25 Cal.4th 926, 1001.) We do not lightly infer that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's comments. (People v. Frye (1998) 18 Cal.4th 894, 970.)

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