The following excerpt is from Strain v. California, No. 2:14-cv-1008 CKD P (E.D. Cal. 2015):
Alternatively, the court finds that petitioner's due process claim fails on the merits. "The prosecutor may argue reasonable inferences from the evidence presented[.]" Menendez v. Terhune, 422 F.3d 1012, 1037 (9th Cir. 2005), citing U.S. v. Young, 470 U.S. 1, 8 & n.5 (1985). "In determining whether a due process violation has occurred as a result of comments made by the prosecutor in argument, courts ask whether the prosecutors' comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Menendez v. Terhune, 422 F.3d 1012, 1033-1034, quoting Darden v. Wainwright, 477 U.S. 168, 181 (1986).
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