What is the standard of review for a writ of habeas corpus application brought by a defendant who was convicted of assault because of comments made by a prosecutor?

MultiRegion, United States of America

The following excerpt is from Britson v. Lewis, 865 F.2d 263 (9th Cir. 1988):

[I]t "is not enough that the prosecutor's remarks were undesirable or even universally condemned." [citation omitted]. The relevant question is whether the prosecutor's comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. 1868, 40 L.Ed.2d 431 (1974). Moreover, the appropriate standard of review for such a claim on a writ of habeas corpus is "the narrow one of due process, and not the broad exercise of supervisory power." Id. at 642, 94 S.Ct. at 1871.

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