In what circumstances will a prosecutor be allowed to introduce inadmissible testimony during a cross-examination?

California, United States of America


The following excerpt is from People v. Hernandez, A148390 (Cal. App. 2017):

In People v. Gambos (1970) 5 Cal.App.3d 187, the prosecutor had opted not to object to defense counsel's introduction of inadmissible hearsay during the cross-examination of a police officer. The prosecutor then attempted on redirect to introduce different inadmissible hearsay statements through the same witness. On appeal, the court ruled that the testimony on redirect should not have been allowed. The hearsay testimony on redirect was inadmissible, and the mere fact that the prosecutor had allowed objectionable evidence to be admitted on cross-examination did not entitle the prosecutor

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