Is Ceja's claim that a federal prosecutor used deceptive or reprehensible methods of persuasion to persuade a jury to convict him of a criminal charge that would otherwise have prevented him from going on trial?

California, United States of America


The following excerpt is from People v. Ceja, F067979 (Cal. App. 2016):

Even addressing the issue on the merits, we find Ceja's claim lacks merit. "'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.' [Citations.] Under California law, a prosecutor who uses deceptive or reprehensible methods of persuasion commits misconduct even if such actions do not render the trial fundamentally unfair. [Citation.]" (People v. Doolin (2009) 45 Cal.4th 390, 444.) We review claims of misconduct to determine whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. (People v. Friend (2009) 47 Cal.4th 1, 29.)

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