What is the current state and federal law regarding cross-examining in a criminal case?

California, United States of America


The following excerpt is from People v. Holbrook, H030448 (Cal. App. 10/22/2007), H030448 (Cal. App. 2007):

Under federal law, " `[i]mproper remarks by a prosecutor can " `so infect[] the trial with unfairness as to make the resulting conviction a denial of due process.' " ' " (People v. Carter, supra, 36 Cal.4th at p. 1204.) Under state law, "a prosecutor who uses deceptive or reprehensible methods to persuade either the court or the jury has committed misconduct, even if such action does not render the trial fundamentally unfair." (Ibid. )

"Misconduct that infringes upon a defendant's constitutional rights mandates reversal of the conviction unless the reviewing court determines beyond a reasonable doubt that it did not affect the jury's verdict. [Citations.] A violation of state law . . . is cause for reversal [only] when it is reasonably probable that a result more favorable to the defendant would have occurred had the district attorney refrained from the untoward comment. [Citations.] In either case, only misconduct that prejudices a defendant requires reversal [citation], and a timely admonition from the court generally cures any harm. [Citation.]" (People v. Pigage (2003) 112 Cal.App.4th 1359, 1375.)

A. Cross-Examination of Defendant

Other Questions


Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
What is the current state and federal standard of conduct for misconduct in a criminal case? (California, United States of America)
What is the current state of the federal and state constitutions governing the trial of a criminal defendant who is mentally incompetent? (California, United States of America)
What is the current state of the law on the application of federal constitutional standards in the context of courtroom security in a criminal case? (California, United States of America)
What is the current state and federal standard of conduct for misconduct in a criminal case? (California, United States of America)
What is the current state of the law in the context of the rule of evidence in a criminal case? (California, United States of America)
What is the current state of the federal system regarding ascertainability issues? (California, United States of America)
What is the current state of the law on concurrent sentences in criminal cases? (California, United States of America)
In a criminal case charging defendants with holding other persons in slavery or involuntary servitude in violation of federal law, what is the state of the law on the issue? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.