What constitutes misconduct by a prosecutor in a criminal case?

California, United States of America


The following excerpt is from People v. LEON, B219153, No. PA064417 (Cal. App. 2011):

"'Under the federal Constitution, a prosecutor's behavior deprives a defendant of his rights "when it comprises a pattern of conduct 'so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process.'" [Citations.] Conduct that falls short of that standard "may still constitute misconduct under state law if it involves the use of deceptive or reprehensible methods to persuade the trial court or the jury." [Citations.]' [Citation.]" (People v. Foster (2010) 50 Cal.4th 1301, 1350.)

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