Does a prosecutor's conduct violate the Fourteenth Amendment when it infects the trial with such unfairness as to make the conviction a denial of due process?

California, United States of America


The following excerpt is from People v. Aguilar, G057314 (Cal. App. 2020):

"A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process . . . . Furthermore, and particularly pertinent here, when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (People v. Morales (2001) 25 Cal.4th 34, 44 (Morales).) Here, defendant makes no showing of such likelihood.

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