The following excerpt is from Flemming v. Warden, Salinas Valley State Prison, 1:12-CV-00383 AWI GSA HC (E.D. Cal. 2012):
A petitioner is entitled to habeas corpus relief if the prosecutor's 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). To constitute a due process violation, the prosecutorial misconduct must be "of sufficient significance to result in the denial of the
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