Is a prosecutor guilty of misconduct when he elicits inadmissible statements from his or her witnesses?

California, United States of America


The following excerpt is from People v. Morales, B224729 (Cal. App. 2011):

Next, citing authority for the proposition that a prosecutor is guilty of misconduct when he or she elicits inadmissible statements from his or her witnesses, appellant argues the prosecutor committed misconduct. (People v. Cabrellis (1967) 251 Cal.App.2d 681, 688.) Appellant fails to cite any authority for the proposition that a prosecutor commits

Page 10

misconduct when defense counsel elicits inadmissible evidence. Here, defense counsel, not the prosecutor elicited the evidence appellant now challenges.

Other Questions


Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Can a prosecutor ask a witness in a civil case if they have been asked to suggest that Page 22 of the S.S.O.A.C.D.O., is there any case law in which a prosecutor has been found guilty of misconduct? (California, United States of America)
Is it misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (California, United States of America)
Does a prosecutor's statement that defense counsel had not disclosed a witness on the witness list constitute misconduct? (California, United States of America)
Is there any case law where a prosecutor asked a witness a question that was not inherently likely to elicit a reference to the inadmissible evidence? (California, United States of America)
Does a prosecutor commit misconduct by intentionally eliciting inadmissible evidence? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.