What are the legal standards applicable to a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Rodriguez, F077494 (Cal. App. 2020):

As for the standards applicable to prosecutorial misconduct claims, these are well settled. "'A prosecutor's conduct violates the federal Constitution when it "infects the trial with such unfairness as to make the conviction a denial of due process."'" (People v. Hinton (2006) 37 Cal.4th 839, 862.) "'"Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under [California] law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury."'" (Id. at p. 863.) "Prosecutorial misconduct, however, will not be grounds for reversal unless it is shown to be prejudicial." (People v. Villa (1980) 109 Cal.App.3d 360, 366.) "'[T]he judgment will not be reversed [on state law grounds] unless, after a review of the entire cause, it appears that it is "reasonably probable" that a result more favorable to defendant would have occurred had the district

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