California, United States of America
The following excerpt is from People v. Wright, A132689 (Cal. App. 2013):
"A prosecutor's conduct violates the federal Constitution when it infects the trial with such unfairness as to make the resulting conviction a denial of due process. Conduct by a prosecutor that does not rise to this level nevertheless violates California law if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. [Citations.] To preserve a prosecutorial misconduct claim for appeal, the defendant ' "must make a timely and specific objection and ask the trial court to admonish the jury to disregard the impropriety" ' unless doing so would be futile or an admonition would not cure the harm." (People v. Whalen (2013) 56 Cal.4th 1, 52.) "In order to be entitled to relief under state law, defendant must show that the challenged conducts raised a reasonable likelihood of a more favorable verdict. In order to be
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entitled to relief under federal law, defendant must show that the challenged conduct was not harmless beyond a reasonable doubt." (People v. Blacksher (2011) 52 Cal.4th 769, 828, fn. 35.)
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