Can a prosecutor ask five leading questions to a recalcitrant witness?

California, United States of America


The following excerpt is from People v. Murillo, 179 Cal.Rptr.3d 891, 231 Cal.App.4th 448 (Cal. App. 2014):

This case is unlike People v. Morgain (2009) 177 Cal.App.4th 454, 99 Cal.Rptr.3d 301 in which the prosecutor's five leading questions to a recalcitrant witness did not violate the defendant's right to confront witnesses. In Morgain, the defendant's girlfriend told police that he confessed to a shooting. At trial, the prosecutor granted her immunity. She answered a number of preliminary questions and when the prosecutor asked her about her pretrial statement, she affirmatively denied making it. Three times she answered "no" when

[179 Cal.Rptr.3d 898]

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