What is the test for habeas corpus relief in cases of improper remarks at trial by a prosecutor?
MultiRegion, United States of America
The following excerpt is from Jones v. Grable, 849 F.2d 1476 (9th Cir. 1988):
Before habeas corpus relief will be granted in cases of allegedly improper remarks at trial by the prosecutor, the statements must be so egregious as to render the trial fundamentally unfair. Donelly v. DeChristoforo, 416 U.S. 637, 643 (1974). We consider whether the prosecutor's remarks, in the context of the entire trial, were sufficiently prejudicial to violate the petitioner's rights. Donelly at 639.
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