Is it misconduct for a prosecuting attorney to express his personal belief as to the reliability of a witness?

California, United States of America


The following excerpt is from People v. Scarber, F068908 (Cal. App. 2019):

" '[It] is misconduct for a prosecuting attorney to express his personal belief as to the reliability of a witness.' [Citations.]" (People v. Perez (1962) 58 Cal.2d 229, 245-

Page 107

246, disapproved on another ground in People v. Green (1980) 27 Cal.3d 1, 32, 34.) On the other hand, "[p]rosecutors have wide latitude to discuss and draw inferences from the evidence at trial. [Citation.] Whether the inferences the prosecutor draws are reasonable is for the jury to decide. [Citation.]" (People v. Dennis (1998) 17 Cal.4th 468, 522.) Moreover, "[r]ebuttal argument must permit the prosecutor to fairly respond to arguments by defense counsel . . . ." (People v. Bryden (1998) 63 Cal.App.4th 159, 184.)

" 'To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. [Citations.] In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements.' [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 771-772.)

Other Questions


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)
When a plea agreement includes a plea bargain, does the prosecution need to express the prosecution's belief that the witness would testify to certain facts? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (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 an attorney does not do a proper due diligence to locate a witness at the last known address of the witness before trial, what are the consequences of the attorney's actions? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
What is the test for assignment of misconduct by a prosecuting attorney on appeal? (California, United States of America)
In what circumstances have the prosecution failed to prove the reliability of hypnosis to restore the memory of a witness? (California, United States of America)
What is the test for maintaining a personal attorney in a personal injury 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.