Can a prosecutor's misconduct violate the Fourteenth Amendment of the United States Constitution?
California, United States of America
The following excerpt is from People v. Lopez, E063703 (Cal. App. 2016):
By way of general principles, I agree that a prosecutor's misconduct violates the Fourteenth Amendment to the United States Constitution when it "'"'infects the trial with such unfairness as to make the conviction a denial of due process."'"' (People v. Tully (2012) 54 Cal.4th 952, 1009.) In other words, the misconduct must be "'"'of sufficient significance to result in the denial of the defendant's right to a fair trial.'"'" (Ibid.)
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