California, United States of America
The following excerpt is from People v. Dodd, E072051 (Cal. App. 2020):
3. "Because we consider the effect of the prosecutor's action on the defendant, a determination of bad faith or wrongful intent by the prosecutor is not required for a finding of prosecutorial misconduct." (People v. Crew (2003) 31 Cal.4th 822, 839.) Indeed, the "'term prosecutorial "misconduct" is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind. A more apt description of the transgression is prosecutorial error.'" (People v. Centeno (2014) 60 Cal.4th 659, 666-667.)
4. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).
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