What is the test for a minor to argue that a prosecutor's conduct violates the Fourteenth Amendment under the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. C. B. (In re C. B.), C086207 (Cal. App. 2019):

Like his previous argument, the minor failed to preserve this issue for appeal through a timely objection. (People v. Hill (1998) 17 Cal.4th 800, 820.) We also find it unpersuasive.

"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." (People v. Morales (2001) 25 Cal.4th 34, 44.) "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." (Ibid.) We find neither circumstance present here.

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