California, United States of America
The following excerpt is from The People v. Mercado, No. B222223, No. VA102588 (Cal. App. 2011):
As there was no misconduct, we need not reach defendant's argument that he was prejudiced. We note, in any event, that any unfairness was avoided, and prejudice dispelled, because the testimony was stricken, and the trial court told the jury not to consider it for any purpose whatsoever. (See People v. Wash (1993) 6 Cal.4th 215, 263.) Because defendant has not pointed to evidence indicating that that the jury did not heed the court's instruction, we presume that the jury did not consider the evidence that was stricken. (See People v. Gray (2005) 37 Cal.4th 168, 217.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.