California, United States of America
The following excerpt is from People v. Evans, B224076 (Cal. App. 2011):
Appellants argue that the prosecutor improperly asked leading questions, and the violation was so egregious that it rose to the level of prosecutorial misconduct. Appellants raised this claim of error in the trial court and sought a mistrial. The trial court denied the motion for a mistrial but agreed with appellants' counsel that the prosecutor improperly asked numerous leading questions during her direct examination of witnesses, and the record supports the trial court's finding. (People v. Williams (1997) 16 Cal.4th 635, 672 [leading questions generally may not be asked on direct or redirect examination of a witness].) Even if we assume that such conduct constituted prosecutorial misconduct, appellants fail to show prejudice under any standard. Appellants identify no evidence that was improperly admitted as a result of the prosecutor's leading questions. Nor do they show that the prosecutor used leading questions as a guise to elicit inadmissible evidence. Although the form of several questions was improper, appellants demonstrate no resulting harm.
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