What is the standard for determining whether a witness has been found guilty of misconduct?

California, United States of America


The following excerpt is from People v. Maese, 105 Cal.App.3d 710, 164 Cal.Rptr. 485 (Cal. App. 1980):

3 Dicta in People v. Bolton, supra, 23 Cal.3d 208, 152 Cal.Rptr. 141, 580 P.2d 396, suggests that in some instances a harmless beyond a reasonable doubt standard may be appropriate in reviewing prosecutorial misconduct. (Id., at p. 214, fn. 4, 152 Cal.Rptr. 141, 580 P.2d 396.) Whatever merit that suggestion may have, in the instant case such a standard is clearly not called for. The statement herein does not resemble "testimony" in any way.

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