The following excerpt is from Aguon v. Montgomery, Case No.: 16-cv-2421-BAS-AGS (S.D. Cal. 2018):
Petitioner argues, as he did to the state court, that the prosecutor "essentially equated reasonable doubt to everyday decision making on things like marriage, changing lanes or getting out of bed; talking about the case with the neighbors." (ECF No. 1, at 11.) When reviewing a claim for prosecutorial misconduct, "[t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process." Darden v. Wainwright, 477 U.S. 168, 181 (1986).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.