A three-judge panel for the Court of Appeals agreed the prosecutors' commentary broke a clearly-established rule against penalizing a defendant for taking advantage of his constitutional protections.
Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.
Cooperative misconduct refers to a situation where the prosecutor collaborates or conspires with another party, such as the police, to commit misconduct. This type of behavior can include suppressing evidence, withholding information, or engaging in unethical tactics to secure a conviction.
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