What is the test for finding that misconduct in the criminal justice system infected the trial with unfairness?

MultiRegion, United States of America

The following excerpt is from Viet Kim Le v. Kirkland, No. CIV S-06-CV-0201 KJM CHS P (E.D. Cal. 2011):

The question to be resolved is whether the alleged misconduct "'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Hall v. Whitley, 935 F.2d 164, 165 (9th Cir. 1991) (quoting Donnelly v. DeChritoforo, 416 U.S. 637, 643 (1974)). In

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