The following excerpt is from Record v. Goldsmith, 977 F.2d 590 (9th Cir. 1992):
To evaluate claims of prosecutorial misconduct which do not state constitutional claims, we must inquire whether the alleged misconduct " 'so infect[s] the trial with unfairness as to make the resulting conviction a denial of due process.' " Greer v. Miller, 483 U.S. 756, 765 (1987) (quotation omitted).
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