Is a witness who is called as an accomplice by the prosecution entitled to cross-examination?

California, United States of America


The following excerpt is from People v. Montoya, B243042 (Cal. App. 2015):

Generally, "an instruction on accomplice testimony must be given on the court's own motion when the accomplice is called solely by the prosecution. [Citations.]" (People v. Guiuan (1998) 18 Cal.4th 558, 566.) A witness is an accomplice if he or she "'is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.' [Citations.]" (People v. Felton (2004) 122 Cal.App.4th 260, 268, quoting People v. Arias (1996) 13 Cal.4th 92, 142-143.)

Other Questions


When an accomplice is called as a witness by the prosecution, is the jury required to distrust the testimony of their accomplice's testimony? (California, United States of America)
Does Section 1054.1 of the California Criminal Code require the prosecution to disclose the names and addresses of witnesses it intends to call as witnesses at trial? (California, United States of America)
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Is a judge obligated to call a witness whom he could be expected to call if that witness testimony would be favorable? (California, United States of America)
Is a defendant entitled to cross-examination of a prosecution witness? (California, United States of America)
Does the prosecution have a duty to obtain the witness in order to introduce the witness at trial? (California, United States of America)
Does the prosecution need to notify the defense of a material witness prior to the conclusion of the preliminary hearing that the material witness will be deported? (California, United States of America)
Is a defendant entitled to confront the prosecution's witnesses? (California, United States of America)
Can a defendant cross-examine the testimony of a witness who has never been called as a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.