Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial?

California, United States of America


The following excerpt is from People v. Onley, B281919 (Cal. App. 2019):

inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements. [Citation.]' " (People v. Brown (2003) 31 Cal.4th 518, 553-554.)

A defendant may move for a new trial on the ground that the prosecutor committed prejudicial misconduct during trial. ( 1181, subd. 5.) " 'We review a trial court's ruling on a motion for a new trial under a deferential abuse-of-discretion standard.' [Citations.] ' "A trial court's ruling on a motion for new trial is so completely within that court's discretion that a reviewing court will not disturb the ruling absent a manifest and unmistakable abuse of that discretion." ' [Citations.]" (People v. Thompson (2010) 49 Cal.4th 79, 140.)

Other Questions


Can a defendant seek a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Can a defendant bring a motion to suppress his statement to the police and a prosecutor make prejudicial misconduct in closing argument? (California, United States of America)
In a motion for an injunction to prevent the publication of prejudicial news that is prejudicial to the trial of a defendant in a defamation case, does plaintiff have any grounds to oppose the injunction? (California, United States of America)
When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)
Can a criminal defendant seek a new trial on the grounds that the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Can a defendant bring a motion alleging ineffective counsel against a prosecutor for failing to object to the prosecutor's misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.