What is the test for a motion for relief against a state attorney for misconduct in a criminal case?
MultiRegion, United States of America
The following excerpt is from Thomas v. Christensen, 860 F.2d 1089 (9th Cir. 1988):
(Id. at 1382-1383 n. 24, citing United States v. Agurs, 427 U.S. 97, 110, 96 S.Ct. 2392, 2401 (1976)) ... "Given our prior finding that appellant's case was not adversely affected by the alleged improprieties of the state's attorneys, we are precluded from granting appellant's request for relief on the basis of the mere presence of prosecutorial misconduct without any concomitant prejudice to the accused."
8 The criteria requiring an evidentiary hearing is:
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