Can a defendant move for a new trial if the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct?

California, United States of America

The following excerpt is from People v. Thyne, H043897 (Cal. App. 2018):

A defendant may move for a new trial "when the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial thereof before a jury." ( 1181, subd. (5).) A prosecutor commits prejudicial misconduct under state law if he or she " 'uses deceptive or reprehensible methods to persuade the jury.' " (People v. Friend (2009) 47 Cal.4th 1, 29.) Under the federal Constitution, a prosecutor's behavior deprives a defendant of his or her rights " 'when it comprises a pattern of conduct "so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process." ' " (People v. Gamache (2010) 48 Cal.4th 347,

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