In what circumstances will a defendant succeed in his challenge to a prosecutor's objection to a defense counsel's question?

California, United States of America


The following excerpt is from People v. Miranda, E063695 (Cal. App. 2016):

Defendant's challenge to the prosecutor's objection fails because "[o]bjections constitute misconduct only if they go beyond the charge of legal or procedural violation and directly or by clear inference question the motives or integrity of opposing counsel." (People v. Price (1991) 1 Cal.4th 324, 448.) "Of course, it is not misconduct to challenge the propriety of opposing counsel's question to a witness or prospective juror, for this is the purpose of virtually all trial objections." (Ibid.) Here, the prosecutor's objection was well grounded. The activities that defendant engaged in on his previous trips to the canyon were wholly irrelevant to the issue of whether he knowingly possessed ammunition in his vehicle on July 31, 2013. Moreover, there was no evidence in the record to suggest that defendant frequently went shooting in the canyon, and defendant himself denied it. Thus, we reject the assertion that the prosecutor engaged in a deceptive or reprehensible method of persuading the jury into thinking that defendant frequently went shooting in the canyon by objecting to defense counsel's question.

7. The Prosecutor Did Not Misstate the Burden of Proof.

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