Is there any case law in which a federal or state prosecutor has been found to have violated a defendant's right to due process?

Conduct by the prosecutor may violate a defendant's right to due process under either the federal or state Constitutions. Conduct violates federal due process if it "'"'infects the trial with such unfairness as to make the conviction a denial of due process.'"'" (People v. Adams (2014) 60 Cal.4th 541, 568.) Conduct violates state due process if "'"'only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury.' [Citation.]"'" (Ibid.) These standards must be considered against the backdrop that "'a prosecutor is given wide latitude to vigorously argue his or her

Page 15

case and to make fair comment upon the evidence.'" (People v. Dykes (2009) 46 Cal.4th 731, 768.)