What is the test for habeas review of a prosecutorial misconduct claim?
MultiRegion, United States of America
The following excerpt is from Jensen v. Hernandez, No. CIV S-09-0512 DAD P (E.D. Cal. 2012):
On habeas review of a prosecutorial misconduct claim, the court may grant relief only if the misconduct rises to the level of a due process violation. See Sechrest v. Ignacio, 549 F.3d 789, 807 (9th Cir. 2008). A violation of a defendant's constitutional rights occurs if the government knowingly uses false evidence in obtaining a conviction. Giglio v. United States,
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