What constitutes misconduct under state law?

California, United States of America


The following excerpt is from People v. Morales, C084560 (Cal. App. 2018):

4. While we conclude the prosecutor committed misconduct under state law, we reject the contention the error was federal in nature. The prosecutor's misconduct was limited to a single question and cannot be said to constitute a pattern of conduct designed to deny defendant a fair trial. (See People v. Hill (1998) 17 Cal.4th 800, 819 [" ' "A prosecutor's . . . intemperate behavior 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.' " ' "].)

Other Questions


What constitutes misconduct under the Fourteenth Amendment of the United States Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process? (California, United States of America)
What is the current state of the law on misconduct when a prosecutor makes a closing argument stating facts that are not in evidence? (California, United States of America)
Does a prosecutor's argument that the absence of specific mitigating factors constitute aggravation constitute prosecutorial misconduct? (California, United States of America)
Does a federal and state prosecutor's conduct constitute prosecutorial misconduct? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
What is the test for classification in the Fourteenth Amendment of the Constitution of the United States and the California Constitution? (California, United States of America)
What constitutes prosecutorial misconduct under federal and state law? (California, United States of America)
What constitutes prosecutorial misconduct under both federal and state law? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
Can a litigant who is seeking a new trial based on jury misconduct make an affidavit stating that he and his attorney did not know of the misconduct until after the jury rendered its verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.