Prosecutorial Misconduct In Guam
In order for a petitioner to succeed on a claim of prosecutorial misconduct, he must show that the "prosecutors' 'comments' so infected the trial with unfairness as to make the resulting conviction a denial of due process." Darden v. Wainwright, 477 U.S. 168, 181, 106 S. Ct. 2464, 2471, 91 L. Ed. 2d 144 (1986).
The fact that the People's remarks to a jury may have been "undesirable or even universally condemned" is not tantamount to a constitutional violation. Id.
The reviewing court's discretion to reverse for plain error should be "used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result." Ueki, 1999 Guam 4 at P17 (quoting Young, 470 U.S. at 15, 105 S. Ct. at 1046 (1985)).