What constitutes prosecutorial misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Sanchez, F069386 (Cal. App. 2017):

Defendant identifies three incidents he contends constituted prosecutorial misconduct that, cumulatively, denied him a fair trial. "A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury." (People v. Morales (2001) 25 Cal.4th 34, 44 (Morales).) "The focus of the inquiry is on the effect of the prosecutor's action on the defendant, not on the intent or bad faith of the prosecutor." (People v.

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