What is the standard of bad faith for a defendant to bring a claim of prosecutorial misconduct against a prosecutor for comments he made to the jury?

California, United States of America


The following excerpt is from People v. Juarez, C051453 (Cal. App. 5/17/2007), C051453 (Cal. App. 2007):

"The applicable federal and state standards regarding prosecutorial misconduct are well established. `"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.'"' [Citations.] 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.]" (People v. Samayoa (1997) 15 Cal.4th 795, 841.) A showing of bad faith is not required because the standard is an objective one. (People v. Hill (1998) 17 Cal.4th 800, 822-823.)

"To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner." (People v. Frye (1998) 18 Cal.4th 894, 970.)

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