What is the test for misconduct in a federal civil case when the jury finds that a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict him of misconduct?
California, United States of America
The following excerpt is from People v. Steskal, 11 Cal.5th 332, 277 Cal.Rptr.3d 604, 485 P.3d 1 (Cal. 2021):
Under state law, " [a] prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct .... " ( People v. Friend (2009) 47 Cal.4th 1, 29, 97 Cal.Rptr.3d 1, 211 P.3d 520.) Prosecutorial misconduct violates the federal Constitution when it results in a fundamentally unfair trial. ( Ibid . ) When a claim of misconduct is based on remarks to the jury, we consider whether there is a reasonable likelihood the jury construed the remarks in an improper fashion. ( People v. Gonzales (2012) 54 Cal.4th 1234, 1275, 144 Cal.Rptr.3d 757, 281 P.3d 834.)
[11 Cal.5th 351]
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