Can a federal prosecutor be found to have committed misconduct by using Page 14 of the Federal Criminal Code?
California, United States of America
The following excerpt is from People v. Mendoza, F071822 (Cal. App. 2018):
A prosecutor's misconduct violates the federal Constitution and requires reversal when it infects the trial with such unfairness as to deny due process. (People v. Tully (2012) 54 Cal.4th 952, 1009.) Under state law, a prosecutor's conduct that does not render a criminal trial fundamentally unfair is still misconduct if it involves the use of
Page 14
deceptive or reprehensible methods in attempting to persuade the trier of fact. (Id. at pp. 1009-1010.)
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