Can a defendant's due process rights be violated if a prosecutor's misconduct renders a trial fundamentally unfair?
MultiRegion, United States of America
The following excerpt is from Dunigan v. Hickman, No. 2:11-cv-0961 MCE EFB P (E.D. Cal. 2013):
A defendant's due process rights are also violated when a prosecutor's misconduct renders a trial fundamentally unfair. Darden v. Wainwright, 477 U.S. 168, 181 (1986).
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Prosecutorial misconduct violates due process when it has a substantial and injurious effect or influence in determining the jury's verdict. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 899 (9th Cir. 1996).
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