What is the test for a new trial on the grounds of prosecutorial misconduct?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gerisch, 988 F.2d 123 (9th Cir. 1993):
To warrant a new trial on the ground of prosecutorial misconduct, a defendant must show that: (1) prosecutorial misconduct occurred, and (2) it was more probable than not that the misconduct materially affected the fairness of the trial. United States v. Aichele, 941 F.2d 761, 765 (9th Cir.1991).
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