What is the test for reversal of a finding that a prosecutor intentionally elicited inadmissible testimony?

California, United States of America


The following excerpt is from People v. Mosley, B237690 (Cal. App. 2014):

[Citation.] Additionally, when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. [Citation.]" (People v. Samayoa (1997) 15 Cal.4th 795, 841.) "In conducting this inquiry, we ' do not lightly infer' that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements. [Citation.]" (People v. Frye (1998) 18 Cal.4th 894, 970.)

Even if a defendant shows that prosecutorial misconduct occurred, reversal is not required unless the defendant can demonstrate that a result more favorable to him would have occurred absent the misconduct or with a curative admonition. (People v. Arias (1996) 13 Cal.4th 92, 161.)

"'It is, of course, misconduct for a prosecutor to "intentionally elicit inadmissible testimony." [Citations.]' [Citation.] Such misconduct is exacerbated if the prosecutor continues to attempt to elicit such evidence after defense counsel has objected. [Citation.]" (People v. Smithey (1999) 20 Cal.4th 936, 960; People v. Bell (1989) 49 Cal.3d 502, 532.)

Other Questions


How has the court treated a claim of prosecutorial misconduct against a prosecutor for intentionally eliciting inadmissible testimony? (California, United States of America)
Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (California, United States of America)
Does a prosecutor commit misconduct by intentionally eliciting inadmissible evidence? (California, United States of America)
Does the Attorney General have to issue a reversal of a finding of intent under section 11379 of the California Highway Traffic Code where he omitted the specific intent to sell methamphetamine from the relevant inquiry? (California, United States of America)
Is it misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (California, United States of America)
Can a prosecutor be found guilty of misconduct if he intentionally asks questions that are inadmissible? (California, United States of America)
What is the test for reversal of a finding that the burden of proving suicidal intent was on the insurance company? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.