What constitutes prosecutorial misconduct in a civil case?

California, United States of America


The following excerpt is from People v. Giese, 2d Crim. No. B292208 (Cal. App. 2020):

Prosecutorial misconduct exists "'under state law only if it involves "'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.'"'" (People v. Earp (1999) 20 Cal.4th 826, 858.) In more extreme cases, a defendant's federal due process rights are violated when a prosecutor's improper remarks "'"'infect[] the trial with unfairness,'"'" making it fundamentally unfair. (Ibid.) "'"To preserve a claim of prosecutorial misconduct for appeal, a defendant must make a timely and specific objection and ask the trial court to admonish the jury to disregard the improper argument."' [Citation.] A court will excuse a defendant's failure to object only if an objection would have been futile or if an admonition would not have cured the harm caused by the misconduct. [Citation.]" (People v. Jackson (2016) 1 Cal.5th 269, 349.)

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