What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order?

California, United States of America


The following excerpt is from People v. Baker, F065476 (Cal. App. 2014):

"It is misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence in violation of a court order. [Citation.]" (People v. Crew (2003) 31 Cal.4th 822, 839.) "Such misconduct is exacerbated if the prosecutor continues to attempt to elicit such evidence after defense counsel has objected. [Citation.]" (People v. Smithey (1999) 20 Cal.4th 936, 960.) If the prosecutor asks a question that is likely to elicit a reference to inadmissible evidence, the question may constitute "misconduct even if the prosecutor did not intend to elicit such a reference. [Citations.]" (People v. Leonard (2007) 40 Cal.4th 1370, 1405.)

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