What is the test for reversal of a finding of misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Read, A143253, A146123 (Cal. App. 2016):

Assuming the claim was properly preserved, the question becomes whether the prosecutorial misconduct was prejudicial, that is, whether it is reasonably probable a result more favorable to the defendant would have occurred if the prosecutor had refrained from the misconduct.4 (People v. Haskett (1982) 30 Cal.3d 841, 866.) Prosecutorial misconduct requires reversal under federal law unless the misconduct was harmless beyond a reasonable doubt. (People v. Cook (2006) 39 Cal.4th 566, 608.)

Other Questions


What is the test for reversal of a finding of not guilty of misconduct in a criminal case? (California, United States of America)
What is the test for reversing a finding of error in the introduction of evidence in a criminal case? (California, United States of America)
What is the test for reversal of a charge of misconduct in a criminal case? (California, United States of America)
What is the test for reversing a finding of misconduct in a civil case? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
What is the test for reversal of a conviction for gross misconduct in a criminal case? (California, United States of America)
What is the test for misconduct in a federal civil case when the jury finds that a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict him of misconduct? (California, United States of America)
Is there any evidence of misconduct or misconduct by a prosecutor in a criminal case? (California, United States of America)
When will a court reverse a finding that the exclusion of testimony by two police officers from the prosecution's case in the case in which they witnessed appellant committing a vehicle code violation? (California, United States of America)
What is the legal test for reversal of a finding of guilty of misconduct in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.