What constitutes misconduct by a federal prosecutor in a civil case?

California, United States of America


The following excerpt is from People v. Demirjian, 2d Crim. No. B253460 (Cal. App. 2015):

A prosecutor's misconduct violates the federal Constitution when it comprises a pattern of conduct so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process. (People v. Hill (1998) 17 Cal.4th 800, 819.) In this case, the prosecutor arguably committed misconduct by displaying a slide that misstated the evidence, although the record is less than clear as to the precise content

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of the misstatement. However, the trial court immediately sustained appellant's objection and took prompt corrective action. This isolated, brief incident was harmless under any standard of review. (Compare People v. Hill, supra, at pp. 818-819.)

The judgment is affirmed.

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