What is the standard for review of alleged prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Joachim, A135323 (Cal. App. 2013):

The standard for review of alleged prosecutorial misconduct is well-established. ""A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. 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 trial court or the jury." [Citation.] When a claim of misconduct is based on the prosecutor's comments before the jury, as all of defendant's claims are, "'the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.'" [Citations.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 305; see People v. Samayoa (1997) 15 Cal.4th 795, 841.)

Page 12

Other Questions


What is the standard of review for a claim of prosecutorial misconduct? (California, United States of America)
What is the standard for reviewing a claim of prosecutorial misconduct? (California, United States of America)
What is the applicable standard of review for claims of prosecutorial misconduct at the penalty phase? (California, United States of America)
What is the standard of review of prosecutorial misconduct? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard of review on a motion alleging juror misconduct? (California, United States of America)
What is the applicable standard of review for claims of prosecutorial misconduct at the penalty phase? (California, United States of America)
What is the applicable standard of review for claims of prosecutorial misconduct at the penalty phase? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
Is a defendant's claim that her trial counsel was ineffective for not objecting to the alleged prosecutorial misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.