What is the test for assignment of misconduct by a prosecuting attorney on appeal?

California, United States of America


The following excerpt is from People v. Harrah, 106 Cal.Rptr.2d 221 (Cal. App. 2001):

"Misconduct of the prosecuting attorney may not be assigned as error on appeal if it has not been assigned at the trial unless, the case being closely balanced and presenting grave doubt of the defendant's guilt, the misconduct contributed materially to the verdict or unless the harmful results of the misconduct could not have been obviated by a timely admonition to the jury. Subject to the foregoing two exceptions, it is the general rule that error predicated on the alleged misconduct of the prosecutor cannot be raised on appeal in the absence of (a) an assignment of such misconduct as error and (b) a request to the trial court to instruct the jury to disregard it. A mere objection to the allegedly prejudicial statements without a request to the court to instruct the jury to disregard them is ordinarily insufficient to raise the question of misconduct on appeal. Whether a prosecutor has been guilty of prejudicial misconduct must be determined in the light of the particular factual situation involved. [] . . . [] Finally, . . . the judgment will not be reversed unless, after a review of the entire cause, it appears that it is reasonably probable that a result more favorable to the defendant would have occurred had the district attorney refrained from the misconduct in question. If it is asserted that the alleged misconduct is of constitutional dimensions, it need only be clear beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." (People v. Bryden (1998) 63 Cal.App.4th 159, 182-183, internal quotations and citations omitted.)

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
Can a defendant move to disqualify a prosecuting attorney or entire prosecuting agency? (California, United States of America)
Is an interlocutory appeal from the denial of both a motion to strike and a request for attorneys' fees appealable? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
What is the effect of prosecution waiving the right to appeal against a sentence for failing to file its own appeal? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.