What is the test for misconduct in a federal criminal case involving a prosecutor's intemperate behavior?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):

" "When a prosecutor's intemperate behavior is sufficiently egregious that it infects the trial with such a degree of unfairness as to render the subsequent conviction a denial of due process, the federal Constitution is violated." [Citations.]" (People v. Shazier (2014) 60 Cal.4th 109, 127, 175 Cal.Rptr.3d 774, 331 P.3d 147.) " "Prosecutorial misconduct that falls short of rendering the trial fundamentally unfair may still constitute misconduct under state law if it involves the use of deceptive or reprehensible methods to persuade the trial court or the jury." [Citation.] " (Ibid.; accord, People v. Linton (2013) 56 Cal.4th 1146, 1205, 158 Cal.Rptr.3d 521, 302 P.3d 927.)

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