In what circumstances will a prosecutor be found not guilty of misconduct for failing to warn a witness not to refer to other investigations?
California, United States of America
The following excerpt is from People v. Carranco, H032412 (Cal. App. 2013):
from making such a statement.' " (People v. Earp (1999) 20 Cal.4th 826, 865.) Here, however, the prosecutor did warn the witness not to refer to other investigations; and when he slipped, she interrupted her examination apparently to remind him. As in Earp, "nothing in the record suggests that the prosecutor had a basis for anticipating the response in question by Detective [Phillips]. Therefore, there was no prosecutorial misconduct." (Ibid.)
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