Is a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict a defendant in a civil case of sexual assault a federal judge?

California, United States of America


The following excerpt is from The People v. Landa, A124734, No. CH44293 (Cal. App. 2010):

To determine whether any of these statements by the prosecutor warrant reversal of the judgment, the following rules are relevant." 'A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct, and such actions require reversal under the federal Constitution when they 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 deceptive or reprehensible methods commits misconduct even when those actions do not result in a fundamentally unfair trial.' " (People v. Salcido (2008) 44 Cal.4th 93, 152.)

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