What is the standard of review for misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Kuffler, F068966 (Cal. App. 2016):

The standards governing review of misconduct claims are well settled. "'A prosecutor's conduct violates the federal Constitution when it "infects the trial with such unfairness as to make the conviction a denial of due process." [Citations.]'" (People v. Hinton (2006) 37 Cal.4th 839, 862.) "'"Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under [California] law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury." [Citation.]'" (Id. at p. 863.)

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