How have the courts treated allegations of prosecutorial misconduct in closing arguments?

California, United States of America


The following excerpt is from People v. Leyva, B255012 (Cal. App. 2015):

Defendant next contends that the prosecutor engaged in misconduct during closing argument that violated his constitutional rights to due process. Federal due process is violated when a prosecutor engages in misconduct that "infects the trial with such unfairness as to render the subsequent conviction a denial of due process." (People v. Maciel (2013) 57 Cal.4th 482, 541.) State due process is violated if the prosecutor employs "deceptive or reprehensible methods . . . to persuade the trier of fact." (Ibid.) Defendant alleges three instances of prosecutorial misconduct.

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