What constitutes misconduct by a prosecutor in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Brown, H034057, No. CC256280 (Cal. App. 2010):

Certainly, "it is misconduct to elicit or attempt to elicit inadmissible evidence in violation of a court ruling. [Citation.]" (People v. Silva (2001) 25 Cal.4th 345, 373.) However, "[c]onduct by a prosecutor that does not violate a court ruling is misconduct only if it amounts to 'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury' [citations] or 'is so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process.' [Citation.]" (Ibid.)

Other Questions


For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What constitutes reversible misconduct by a prosecutor in a sexual assault case? (California, United States of America)
What constitutes reversible misconduct by a prosecutor in a sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Is there any case law in which a prosecutor has been found to have gone beyond the facts in their argument to the jury in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
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