Does the prosecutor have to cross-examine defendant on cross-examination?

California, United States of America


The following excerpt is from People v. Carrera, 261 Cal.Rptr. 348, 49 Cal.3d 291, 777 P.2d 121 (Cal. 1989):

We do not condone the prosecutor's manner of cross-examining defendant in this case. (See Hawk v. Superior Court (1974) 42 Cal.App.3d 108, 125, 116 Cal.Rptr. 713.) But the fact remains that defense counsel's objections were sustained. If counsel believed that a potential for prejudice remained, she should have requested a specific admonition to the jury. And the jurors were instructed under CALJIC No. 1.02: "As to any question to which an objection was sustained, you must not guess what the answer might have been or as to the reason for the objection.... [p] You must not consider for any purpose ... any evidence that was stricken out by the court; such matter is to be treated as though you had never heard of it."

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