What constitutes misconduct by a prosecutor that does not violate a ruling by the court?

California, United States of America


The following excerpt is from People v. Rapp, B209688 (Cal. App. 12/22/2009), B209688 (Cal. App. 2009):

Conduct by a prosecutor that does not violate a ruling by the trial court is misconduct only if it amounts to the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury or is so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process. (People v. Silva (2001) 25 Cal.4th 345, 373.)

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