Can a prosecutor ask a correctional officer a question to the correctional officer about disclosed facts?

California, United States of America


The following excerpt is from People v. Montes, 169 Cal.Rptr.3d 279, 320 P.3d 729, 58 Cal.4th 809 (Cal. 2014):

In any event, there was no misconduct. The prosecutor's question to the correctional officer was proper because it was not inherently likely to elicit a reference to the disclosed fact and there was no evidence the prosecutor asked it with the intent to elicit such a reference. ( People v. Leonard (2007) 40 Cal.4th 1370, 1405, 58 Cal.Rptr.3d 368, 157 P.3d 973.) In that regard, we noted that the prosecutor did not refer to the disclosed fact in further questioning of the witness or in closing argument.

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