Can a prosecutor's error infect a trial with unfairness and invalidate a defendant's trial?

California, United States of America


The following excerpt is from People v. Butler, E052573 (Cal. App. 2012):

Accordingly, since there was not judicial misconduct, we are left only with the prosecutor's error. "Under federal law, '"Improper remarks by a prosecutor can '"so infect[] the trial with unfairness as to make the resulting conviction a denial of due process."'"' [Citation.]" (People v. Huggins (2006) 38 Cal.4th 175, 206.) Defendant does not assert that prosecutorial misconduct alone was sufficient to create a due process error. Rather, he relies heavily, if not solely, on the trial court's error, in asserting a due process violation. Since we have concluded the trial court did not commit judicial misconduct, we find defendant's misconduct/due process contention to be unpersuasive.

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