What is the test for misconduct by a prosecutor in a criminal case?

California, United States of America


The following excerpt is from People v. Kindred, G048170 (Cal. App. 2015):

"'The applicable federal and state standards regarding prosecutorial misconduct are well established. "'A prosecutor's . . . intemperate behavior violates the federal Constitution when it comprises a pattern of conduct "so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process."'" [Citations.] Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves "'"the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury."'" [Citation.]'" (People v. Hill (1998) 17 Cal.4th 800, 819.)

Page 17

Other Questions


Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Is there any evidence of misconduct or misconduct by a prosecutor in a criminal case? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
Can a prosecutor ask a witness in a civil case if they have been asked to suggest that Page 22 of the S.S.O.A.C.D.O., is there any case law in which a prosecutor has been found guilty of misconduct? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
What is the test for misconduct in a federal criminal case involving a prosecutor's intemperate behavior? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
What constitutes misconduct by a prosecutor in a criminal case? (California, United States of America)
What constitutes misconduct by a prosecutor in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.