What is the standard for misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. ROSS, G042846, Super. Ct. No. RIF127592 (Cal. App. 2011):

infects the trial with such unfairness as to make the conviction a denial of due process.'" [Citations.] Conduct that falls short of that standard "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." [Citations.]' [Citation.] 'In addition, "'a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety. [Citation.]'" [Citation.]'" (People v. Foster (2010) 50 Cal.4th 1301, 1350, italics added.)

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