What are the principles of law applicable to a defendant's claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Hebert, E058996 (Cal. App. 2015):

"The principles of law applicable to a defendant's claims of prosecutorial misconduct are well settled. '"'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. 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.' [Citation.] When a claim of misconduct is based on the prosecutor's comments before the jury, as all of defendant's claims are, '"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."' [Citation.]"'" (People v. Adams (Oct. 30, 2014, S118045) ___ Cal.4th ___ [2014 Cal. LEXIS 10319, *56].)

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