What is the legal test for reversal of a jury verdict when a prosecutor's cross-examination is prejudicial?

California, United States of America


The following excerpt is from People v. Hoffer, C086483 (Cal. App. 2019):

"Prosecutorial [error] requires reversal when it 'so infect[s] a trial with unfairness [as to] create a denial of due process. [Citations.] Conduct by a prosecutor that does not reach that level nevertheless constitutes [error] under state law, but only if it involves the use of deceptive or reprehensible methods to persuade the court or jury.' " (People v. Armstrong (2019) 6 Cal.5th 735, 795.) If error is found under state law, reversal is not required unless it is reasonably probable that the error contributed to the verdict. (People v. Martinez (2010) 47 Cal.4th 911, 957.) Defendant has failed to meet either standard.

While, "[e]ffective and legitimate cross-examination may involve assertive and even harsh questioning" (People v. Armstrong, supra, 6 Cal.5th at p. 796), it may not be argumentative. " 'An argumentative question is a speech to the jury masquerading as a question. . . . An argumentative question that essentially talks past the witness, and makes an argument to the jury, is improper because it does not seek to elicit relevant, competent testimony . . . .' " (Id. at p. 796, fn. 23.) We agree the portions of the prosecutor's cross-examination challenged by defendant were largely argumentative and thus inappropriate. We, however, conclude they were not prejudicial.

Other Questions


What is the legal test for reversal of a jury's verdict for insufficient evidence? (California, United States of America)
What is the legal test for reversal of a jury's verdict in a case of mistaken identity? (California, United States of America)
Does a jury have to consider previous legal rulings in the context of a reversal of a jury verdict? (California, United States of America)
What is the legal test for a reversal of a jury's verdict for insufficient evidence? (California, United States of America)
Can a prosecutor present a criminal case premised on a legally incorrect legal theory to the jury? (California, United States of America)
What is the test for reversal of a verdict where the jury failed to agree on a unanimous verdict? (California, United States of America)
What is the legal test for reversal of a jury verdict in a civil case where counsel failed to object to an expert testimony? (California, United States of America)
What is the legal test for a reversal of a jury's verdict for insufficient evidence? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Are there any prejudicial or prejudicial elements of the prosecutor's push back against the court's rulings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.