What constitutes prosecutorial misconduct in a federal criminal case?

California, United States of America


The following excerpt is from The People v. Gassoway, B219544, No. BA 346636 (Cal. App. 2010):

A prosecutor's conduct violates the federal Constitution when it encompasses a pattern of conduct so egregious that it infects the trial with such unfairness so as to deny a defendant due process. (People v. Navarette (2003) 30 Cal.4th 458, 506.) A prosecutor's behavior that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves use of deceptive or reprehensible methods to attempt to persuade the court or the jury. (Ibid.) However, a witness's volunteered statement can provide the basis for a finding of incurable prejudice to the defendant. (People v. Wharton (1991) 53 Cal.3d 522, 565.)

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