What is the test for finding a prosecutor guilty of misconduct in a civil case?

California, United States of America


The following excerpt is from People v. Kester, No. A153002 (Cal. App. 2019):

"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.) "Under California law, a prosecutor who uses deceptive or reprehensible methods of persuasion commits misconduct even if such actions do not render the trial fundamentally unfair." (People v. Doolin (2009) 45 Cal.4th 390, 444.) However, reversal under state law is only required if " ' "it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct." ' " (People v. Davis (2009) 46 Cal.4th 539, 612.)

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