Is a deputy district attorney's misconduct sufficient to overturn an appellant's conviction?

California, United States of America


The following excerpt is from People v. Bolton, 152 Cal.Rptr. 141, 23 Cal.3d 208 (Cal. 1979):

Despite the deputy district attorney's misconduct in this case, the error involved is not sufficient to merit reversal of appellant's conviction. Reversal of judgment is designed not so much to punish prosecutors as to protect the fair trial rights of defendants. Hence, in the absence of prejudice to the fairness of a trial, prosecutor misconduct will not trigger reversal. (See, e. g., People v. Lambert (1975) 52 Cal.App.3d 905, 911, 125 Cal.Rptr. 404.)

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