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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