What is the test for habeas relief on a prosecutorial misconduct claim?

MultiRegion, United States of America

The following excerpt is from Torres v. Ducart, No. 2:16-cv-0812 JAM KJN (E.D. Cal. 2019):

The court may grant habeas relief on a prosecutorial misconduct claim only if the misconduct rises to the level of a due process violation. Sechrest v. Ignacio, 549 F.3d 789, 807 (9th Cir. 2008). A violation of a defendant's rights occurs if the government knowingly uses false evidence in obtaining a conviction. Giglio v. United States, 405 U.S. 150, 153-54 (1972); Napue v. Illinois, 360 U.S. 264, 269 (1959). It is clearly established that "a conviction obtained by the knowing use of perjured testimony must be set aside if there is any reasonable likelihood that the false testimony could have affected the jury's verdict. United States v. Bagley, 473 U.S. 667, 680 n.9 (1985); see also Morales v. Woodford, 388 F.3d 1159, 1179 (9th Cir. 2004) ("The

Page 25

Other Questions


What is the difference between a habeas claim and a non-habeas claim? (MultiRegion, United States of America)
What is the standard of review for a claim of prosecutorial misconduct on a writ of habeas corpus? (MultiRegion, United States of America)
What is the test for habeas review of a prosecutorial misconduct claim? (MultiRegion, United States of America)
What is the test for determining whether a claim of misconduct is a plausible claim for relief? (MultiRegion, United States of America)
Can a claim of error in sentencing make a claim for federal habeas corpus relief? (MultiRegion, United States of America)
Can a defendant in a state criminal trial seek federal habeas corpus relief for a double jeopardy claim even in the pretrial period? (MultiRegion, United States of America)
What constitutes a substantive claim of prosecutorial misconduct? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the test for waiving a claim of prosecutorial misconduct? (MultiRegion, United States of America)
What is the test for habeas corpus relief against a prosecutor's misconduct in a criminal case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.