Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Taylor, D066125 (Cal. App. 2015):

infect the trial with such ' "unfairness as to make the resulting conviction a denial of due process." ' [Citations.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial." ' [Citation.] [] ' "As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety." ' " (People v. Hajek (2014) 58 Cal.4th 1144, 1238 (Hajek).)

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