Does the Defendant have any grounds to argue that the Prosecutor failed to object on cross-examination?

California, United States of America

The following excerpt is from People v. Jackson, 264 Cal.Rptr. 852, 49 Cal.3d 1170, 783 P.2d 211 (Cal. 1989):

The People deny that misconduct is revealed by the quoted record and claim, furthermore, that any error by the prosecutor was waived by failure to object. (People v. Green, supra, 27 Cal.3d 1, 164 Cal.Rptr. 1, 609 P.2d 468.) We agree that there was no misconduct and, consequently, do not reach defendant's additional contention that trial counsel was ineffective

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The questions on cross-examination were not only proper in view of defendant's direct examination but were also relevant to show defendant's possible motive in pleading guilty to the PCP offense when he did. There was nothing in the questioning to support the suggestion or inference that defense counsel in either the murder case or the PCP cases fabricated a defense on the instant charge. Defendant's reliance on People v. Bain (1971) 5 Cal.3d 839, 97 Cal.Rptr. 684, 489 P.2d 564 is misplaced.

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