What is the test for a claim of prosecutorial misconduct against a federal prosecutor for making disparaging remarks to the jury during a sexual assault trial?

California, United States of America


The following excerpt is from People v. Popovich, D076194 (Cal. App. 2020):

" ' "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." ' " (People v. Jackson (2016) 1 Cal.5th 269, 349.) " ' "To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a

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