What is the standard of review for a claim of prosecutorial misconduct on a writ of habeas corpus?

MultiRegion, United States of America

The following excerpt is from Burgess v. Gomez, 981 F.2d 1257 (9th Cir. 1992):

The appropriate standard of review for a claim of prosecutorial misconduct on a writ of habeas corpus is " 'the narrow one of due process, and not the broad exercise of supervisory power.' " Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 642 (1974)). This court must examine the entire proceedings to decide whether the alleged misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974).

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