Is there any case law concerning the purposeful eliciting of inadmissible evidence by a prosecutor's own witness?
California, United States of America
The following excerpt is from People v. Melendez, C064050, Super. Ct. No. SF111853A (Cal. App. 2011):
7. In People v. Schiers, supra, 19 Cal.App.3d 102, a police officer testified at trial that the defendant voluntarily took a lie detector test and was told he failed the test. (Id. at pp. 108, 112.) That case did not concern bolstering of the prosecutor's own witness, but rather the purposeful eliciting of inadmissible evidence by the prosecutor.
"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 a prosecutor impeach a witness by eliciting evidence that the witness and defendant were members of the same gang? (California, United States of America)
Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (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 it misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence? (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)
What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order? (California, United States of America)
Is there any case law where a prosecutor asked a witness a question that was not inherently likely to elicit a reference to the inadmissible evidence? (California, United States of America)
Is evidence of evidence of a statement made by a witness not inadmissible by the hearsay rule? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
