What is the legal test for correcting false or misleading testimony in a criminal case?

California, United States of America


The following excerpt is from People v. Smith, F063679 (Cal. App. 2013):

Untangling these issues is not merely an academic exercise. The distinctions are important because they trigger significantly different standards of review. When prosecutors knowingly fail to correct the false or misleading testimony of their witness, reversal is required if there is any reasonable likelihood the false testimony could have affected the judgment of the jury. (People v. Dickey (2005) 35 Cal.4th 884, 909.)17 But violations of discovery obligations in section 1054.1 are reviewed under the more

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