SAN FRANCISCO — Despite an unusual request by the California attorney general to withdraw a concession of error, the U.S. Court of Appeals for the Ninth Circuit has left in place a scorching opinion that found a former San Mateo County deputy D.A. committed “a textbook case of prosecutorial misconduct.”

“While we are fully aware that the court is entitled to give great weight to the attorney general’s concession,” senior assistant A.G. Gerald Engler wrote in a Sept. 19 petition, “in this case that concession has led to a manifest injustice against the district attorney’s office and the individual deputy involved…and could lead to disciplinary proceedings against the attorney.”

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