Does a prosecutor have an obligation to prepare for trial better for the purpose of admitting or denying testimony from witnesses who were "cut loose"?

California, United States of America


The following excerpt is from People v. Conley, C075095 (Cal. App. 2015):

7. Although under the circumstances we do not criticize the trial court's self-described "equitable ruling," we are compelled to note that it is incumbent upon the prosecutor to better prepare for trial. It is unacceptable for a prosecutor to successfully seek to admit testimony (on a puzzling basis, as we have described) regarding certain events to be elicited from witnesses who were "cut loose," and instead elicit testimony from a different witness of events that were ruled inadmissible. "This case involves ' "a particularly unpardonable fault of the prosecutor-unpreparedness." ' [Citation.]" (Dietrick v. Superior Court (2013) 220 Cal.App.4th 1472, 1474.)

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