How have the courts dealt with the issue of prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from Becker v. Anglea, No. 2:19-cv-00013 KJM GGH P (E.D. Cal. 2020):

10. Petitioner did not in any way raise or brief a prosecutorial misconduct issue, not does he plead or brief in the slightest how the jury may have been mis-instructed. Indeed, his argument that the specificity of the factual circumstances of the prior convictions depends, in part, on the instruction that was given advising the jury that it should consider such circumstances. The court will not raise issues for petitioner, nor will it adjudicate an issue not raised herein. The failure to meaningful present or brief an issue waives it. United States v. Vought, 69 F.3d 1498, 1501 (9th Cir. 1995); Collins v. City of San Diego, 841 F.2d 337, 339 (9th Cir. 1988).

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