California, United States of America
The following excerpt is from People v. Molano, 249 Cal.Rptr.3d 1, 443 P.3d 856, 7 Cal.5th 620 (Cal. 2019):
"To constitute a violation under the federal Constitution, prosecutorial misconduct must so infect[ ] the trial with unfairness as to make the resulting 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. [Citation.] To be cognizable on appeal, a defendant "must make a timely objection at trial and request an admonition; otherwise, the [claim of prosecutorial misconduct] is reviewable only if an admonition would not have cured the harm caused by the misconduct." " ( People v. Valdez (2004) 32 Cal.4th 73, 122, 8 Cal.Rptr.3d 271, 82 P.3d 296 ( Valdez ).)
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