Can a defendant bring a claim of improper vouching against a prosecutor?

California, United States of America


The following excerpt is from People v. Turner, 20 Cal.Rptr.3d 182, 34 Cal.4th 406, 99 P.3d 505 (Cal. 2004):

Defendant contends the prosecutor improperly vouched for the credibility of the court-appointed experts by referring to his prior use of these experts and by openly expressing his admiration and respect for these witnesses. He, however, "failed to object, or seek an admonition, as to any of these remarks, and accordingly he cannot raise a claim of misconduct on appeal." (People v. Anderson (1990) 52 Cal.3d 453, 478, 276 Cal.Rptr. 356, 801 P.2d 1107.) Recognizing this hurdle, defendant also casts his claim of improper vouching as an ineffective assistance of counsel claim. We therefore review the merits of the claim, and we conclude that the prosecutor engaged in improper vouching but that defendant suffered no prejudice. Thus, reversal is not warranted.

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury? (California, United States of America)
Can a defendant bring a claim on appeal against the conviction of a prosecutor for improper communications to the jury? (California, United States of America)
Can a defendant bring a claim against the prosecutor for improper comment on his failure to testify? (California, United States of America)
Can a defendant bring a claim against a prosecutor who made improper statements in his closing argument? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Can a defendant bring a claim of misconduct against a prosecutor for referring to evidence that contradicts his testimony? (California, United States of America)
Does a defendant have to forfeit a claim that a prosecutor improperly argued that he was entitled to be heard as an unsworn witness? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.