Does a prosecutor's conduct violate a defendant's right to due process?

California, United States of America


The following excerpt is from People v. Morris, B283044 (Cal. App. 2019):

A prosecutor's conduct violates a defendant's federal constitutional right to due process when it amounts to a pattern of egregious misconduct that infects the trial with unfairness. (See People v. Hill (1998) 17 Cal.4th 800, 819, overruled on another point in Price v. Superior Court (2001) 25 Cal.4th 1046.) A prosecutor's conduct that does not render the trial fundamentally unfair will constitute misconduct under state law only if it involves "'"'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.''"" (Ibid.)

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