Is a prosecution permitted to question the credibility of the defense evidence presented at trial?
California, United States of America
The following excerpt is from People v. Bullock, E055532 (Cal. App. 2013):
Finally, the prosecution was allowed to question the credibility of the defense evidence presented at trial: "The prosecutor is permitted to urge, in colorful terms, that defense witnesses are not entitled to credence [and] to argue on the basis of inference from the evidence that a defense is fabricated, . . ." (People v. Pinholster (1992) 1 Cal.4th 865, 948.)
"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
Can the prosecution in a criminal case compel the defense to accept a stipulation that would deprive the state of its ability to present persuasive and forceful defense evidence? (California, United States of America)
At what point does the court's refusal to allow defense counsel to take a somewhat meandering approach to the presentation of evidence at trial for the purposes of redirecting the prosecution? (California, United States of America)
Is a judge's comment on the evidence that the defense argued that the evidence presented before the jury was "objectionable to the prosecution" sufficient to constitute misconduct? (California, United States of America)
Can a motion for a new trial be granted when newly discovered evidence contradicts the strongest prosecution evidence? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
What is the test for a defense objection to the question "assumed facts not in evidence" or "misstated evidence"? (California, United States of America)
Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
