What is the test for misconduct in a criminal case when a defendant is convicted of assault by reason of gross negligence due to comments made by a prosecutor during the trial?
MultiRegion, United States of America
The following excerpt is from Fletcher v. Walker, No. CIV S-09-1091 FCD CHS P (E.D. Cal. 2011):
The question to be resolved is "whether the prosecutor's remarks '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 order to determine whether prosecutorial misconduct occurred, it is necessary to examine the entire
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