What is the test for reversal of a judgment when the prosecution fails to correct or amend a witness's testimony?

California, United States of America


The following excerpt is from People v. Johnson, F055346 (Cal. App. 2011):

the judgment since the falsity may have affected the outcome of the trial. (Id. at pp. 265-272.) People v. Dickey (2005) 35 Cal.4th 884, he adds, applied the rule, "When the prosecution fails to correct testimony of a prosecution witness which it knows or should know is false and misleading, reversal is required if there is any reasonable likelihood the false testimony could have affected the judgment of the jury," but affirmed the judgment since there was "no reasonable likelihood the false impression created by [the witness's] testimony could have affected the judgment." (Id. at pp. 909-910, italics in original.)

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