What is the test for a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Embry, F075468 (Cal. App. 2019):
Prosecutorial misconduct occurs when a prosecutor uses deceptive or reprehensible methods in attempting to persuade either the trial court or the jury. (People v. Riggs (2008) 44 Cal.4th 248, 298.) "To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition? (California, United States of America)
What is the test for a claim of prosecutorial misconduct? (California, United States of America)
How have the courts dealt with a defendant's claim of prosecutorial misconduct in questioning a defense expert? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct for failing to object in argument? (California, United States of America)
What is the test for a defendant to bring a claim of prosecutorial misconduct on appeal? (California, United States of America)
What is the test for objecting to a claim of prosecutorial misconduct? (California, United States of America)
What is the test for a claim of prosecutorial misconduct? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct? (California, United States of America)
Does the defense preserve a claim of prosecutorial misconduct for appeal by making a timely objection at trial and asking the court to admonish the jury? (California, United States of America)
