What is the standard of review when a defendant objects to alleged prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from U.S. v. Nobari, 574 F.3d 1065 (9th Cir. 2009):

"When the defendant objects to alleged prosecutorial misconduct, the standard of review is abuse of discretion." United States v. Steele, 298 F.3d 906, 910 (9th Cir.2002). We conclude that the defendants' objections here qualify as timely under Federal Rule of Criminal Procedure 51(b), so we will consider whether the district court abused its discretion in allowing the contested testimony and argument. Nevertheless, "establishing that there has been prosecutorial misconduct is not in and of itself sufficient to merit reversal" of the defendants' convictions. United States v. Blueford, 312 F.3d 962, 973 (9th Cir. 2002). Rather, we must consider whether any such misconduct was harmless. Id. We therefore apply harmless error analysis to the misconduct claim we address in this section, as well as to those claims we consider in subsequent sections, so long as the defendants entered a timely objection at trial.

Other Questions


When counsel fails to object to alleged misconduct at the time it occurs, what standard of review applies? (MultiRegion, United States of America)
Can a defendant waive any objection to three instances of prosecutorial misconduct due to his failure to raise objections at trial? (MultiRegion, United States of America)
What is the standard of review for a claim of prosecutorial misconduct on a writ of habeas corpus? (MultiRegion, United States of America)
Is a decision not to dismiss a grand jury indictment where there is alleged prosecutorial misconduct to be reviewed de novo? (MultiRegion, United States of America)
What is the standard for a judicial review of allegations of misconduct? (MultiRegion, United States of America)
What is the standard of review for prosecution comments to which defendant objects? (MultiRegion, United States of America)
What is the test for "unreasonableness" review when a defendant fails to object to an alleged sentencing error? (MultiRegion, United States of America)
What is the standard for the review of allegations of misconduct in a civil case? (MultiRegion, United States of America)
What is the test for a defense counsel to object at trial to alleged prosecutorial misconduct? (MultiRegion, United States of America)
What is the standard of review for a district court's denial of a motion to dismiss an indictment on grounds of prosecutorial misconduct before the grand jury? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.