California, United States of America
The following excerpt is from People v. Fuentes, D074195 (Cal. App. 2019):
"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. When a claim of misconduct is based on the prosecutor's comments before the jury, . . . the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (People v. Adams (2014) 60 Cal.4th 541, 568-569, citations and internal quotation marks omitted.)
a. Forfeiture by Failing to Object
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