Is a federal prosecutor's statement to the jury in a civil case unconstitutional when they "infect 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. Morales, B281568 (Cal. App. 2018):

A prosecutor's statements to the jury violate the federal Constitution when they "infect[ ] the trial with such unfairness as to make the conviction a denial of due process. Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury. Furthermore, . . . 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).)

Other Questions


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)
What constitutes misconduct under the Fourteenth Amendment of the United States Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process? (California, United States of America)
Can a prosecutor's error infect a trial with unfairness and invalidate a defendant's trial? (California, United States of America)
In what circumstances have the courts found that statements made by a prosecutor at a federal criminal trial were not egregious enough to invalidate a defendant's conviction? (California, United States of America)
In a federal civil case, in what circumstances will a federal prosecutor be found to have improperly challenged statements in his closing argument? (California, United States of America)
What is the test for determining whether a prosecutor's comments at a sexual assault trial infected the trial with unfairness? (California, United States of America)
Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is there a denial of due process or denial of fair trial under section 352 of the Evidence Code? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.