Does a defendant have to prove that he was denied due process by a prosecutor who improperly suggested that his girlfriend died of a drug overdose?

MultiRegion, United States of America

The following excerpt is from Pettaway v. Carroll, 933 F.2d 1015 (9th Cir. 1991):

Pettaway also argues that he was denied due process because of prosecutorial misconduct. He contends that the prosecutor engaged in misconduct by improperly suggesting that his girlfriend died of a drug overdose, that he was a heroin user, and that people had been murdered in the area where the robbery took place. For prosecutorial misconduct to constitute a denial of due process, it must render the trial fundamentally unfair. Greer v. Miller, 483 U.S. 756, 765-66, 107 S.Ct. 3102, 97 L.Ed.2d 618 (1987).

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