California, United States of America
The following excerpt is from People v. Rhoades, 255 Cal.Rptr.3d 453, 453 P.3d 89, 8 Cal.5th 393 (Cal. 2019):
Prosecutorial misbehavior "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. [Citations.] But 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 court or the jury." " ( People v. Espinoza (1992) 3 Cal.4th 806, 820, 12 Cal.Rptr.2d 682, 838 P.2d 204 ; accord, People v. Hill (1998) 17 Cal.4th 800, 819, 72 Cal.Rptr.2d 656, 952 P.2d 673.) We conclude there was no prejudicial misconduct under either federal or state law.
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