Does the prosecutor have grounds to object to defendant's questions to the first witness in a sexual assault case?

California, United States of America


The following excerpt is from People v. Jasso, E059476 (Cal. App. 2015):

9. It is arguable that because defendant's questions to the first witness were not directed toward the circumstances of her disclosure of sexual abuse, they were outside the scope of direct examination and objectionable on that basis. (People v. Foss (2007) 155 Cal.App.4th 113, 127.) The prosecutor did not object on that ground, however. Even if she had, however, defendant could have called both witnesses as his own witnesses to testify to G.J.'s complaints. The trial court's ruling on the hearsay objections rendered it futile to do so, however.

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