In what circumstances will the prosecutor be held in contempt for questioning a witness as a hostile witness?
California, United States of America
The following excerpt is from People v. Nieber, D073059 (Cal. App. 2019):
7. Appellants point to People v. Perez (2016) 243 Cal.App.4th 863 as distinguishing Morgain but this case is not analogous to Perez as there, the trial court allowed extensive questioning of the witness as a hostile witness, despite the witness's refusal, and here, the trial court only allowed the prosecutor to ask a few basic questions before holding R.S. in contempt. (Id. at pp. 884-889.)
8. CALCRIM No. 358 (Evidence of Defendant's Statements) states:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct in a criminal case for improper questioning and misrepresentation to the jury of a witness? (California, United States of America)
Is a witness charged with contempt for failing to answer questions before a grand jury entitled to prove that the questions were based on illegal electronic surveillance? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Is there any grounds for objection to a prosecutor's question in questions to an expert witness? (California, United States of America)
If a prosecutor asks a question that is likely to lead to inadmissible evidence, can the prosecutor ask the witness to refrain from giving the answer? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
In what circumstances will police officers be allowed to question a witness in a witness statement? (California, United States of America)
In what circumstances will a prosecutor be permitted to use contradictory statements by the same witness in two separate criminal trials? (California, United States of America)
In what circumstances will a prosecutor be found to have improperly vouched a witness in a criminal case? (California, United States of America)
