Can a prosecutor be found guilty of prejudicial misconduct during the opening statement of a trial?

California, United States of America


The following excerpt is from People v. GARCIA, F059248, No. F09900453 (Cal. App. 2011):

Appellant claims the prosecutor committed misconduct of a prejudicial nature during the opening statement and that, as a result of that misconduct, the trial court should have granted appellant's motion for a new trial. ( 1181, subd. 5 [new trial may be granted if prosecutor "has been guilty of prejudicial misconduct during the trial thereof before a jury"].) On appeal, a trial court's denial of a motion for new trial is reviewed for abuse of discretion and will not be disturbed unless "'"a manifest and unmistakable abuse of discretion clearly appears."'" (People v. Guerra (2006) 37 Cal.4th 1067, 1159-1160.)

Other Questions


When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (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)
Can a prosecutor be found guilty of misconduct under state law for making false statements in a criminal case? (California, United States of America)
Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (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)
Can a new trial be granted in a civil case where a jury member has been found guilty of misconduct by reason of failing to attend the trial? (California, United States of America)
Does a prosecutor's error in making an opening statement in a civil case constitute prejudicial misconduct? (California, United States of America)
Can a prosecutor be found guilty of misconduct under the Fourteenth Amendment of the Federal Criminal Code for making false statements to the jury? (California, United States of America)
Can a federal prosecutor be found guilty of misconduct for using deceptive or reprehensible methods to persuade either the trial court or the jury? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.