Can a prosecutor be found guilty of reversible misconduct for misleading the jury in a sexual assault case?

California, United States of America


The following excerpt is from People v. Clark, 203 Cal.Rptr.3d 407, 372 P.3d 811, 63 Cal.4th 522 (Cal. 2016):

her conduct infects the trial with such unfairness as to make the conviction a denial of due process. (People v. Morales (2001) 25 Cal.4th 34, 44, 104 Cal.Rptr.2d 582, 18 P.3d 11.) Under California law, a prosecutor commits reversible misconduct when he or she makes use of deceptive or reprehensible methods' when attempting to persuade either the trial court or the jury, and it is reasonably probable that without such misconduct, an

[63 Cal.4th 577]

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