What constitutes misconduct by a prosecutor in a civil case?

California, United States of America


The following excerpt is from People v. Cary, B271286 (Cal. App. 2017):

Under the federal Constitution, conduct by a prosecutor that does not result in the denial of specific constitutional rights but is otherwise worthy of condemnation, is not a constitutional violation unless the challenged action so infected the trial with unfairness as to make the resulting conviction a denial of due process. (People v. Harrison (2005) 35 Cal.4th 208, 242.) Less egregious conduct may nonetheless constitute misconduct under state law if it involves the use of deceptive or reprehensible methods to attempt to persuade the court or jury. (Ibid.)

Other Questions


Can a prosecutor ask a witness in a civil case if they have been asked to suggest that Page 22 of the S.S.O.A.C.D.O., is there any case law in which a prosecutor has been found guilty of misconduct? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
Does a prosecutor's error in making an opening statement in a civil case constitute prejudicial misconduct? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What constitutes misconduct by a federal prosecutor in a civil case? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What constitutes misconduct by a prosecutor in a civil case? (California, United States of America)
What is the test for misconduct in a federal civil case when the jury finds that a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict him of misconduct? (California, United States of America)
Can a prosecutor be found guilty of misconduct in a civil case for misleading the jury in an assault case? (California, United States of America)
What constitutes misconduct by a federal prosecutor in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.