What is the test for reversal of a charge of misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Armstrong, 243 Cal.Rptr.3d 105, 433 P.3d 987, 6 Cal.5th 735 (Cal. 2019):

Prosecutorial misconduct requires reversal when it "so infect[s] a trial with unfairness [as to] create a denial of due process. [Citations.] Conduct by a prosecutor that does not reach that level nevertheless constitutes misconduct under state law, but only if it involves the use of deceptive or reprehensible methods to persuade the court or jury." ( People v. Watkins , supra , 55 Cal.4th at p. 1031, 150 Cal.Rptr.3d 299, 290 P.3d 364.)

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