Is there any case law where a defendant alleges that a prosecutor deliberately and knowingly introduced character-trait evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Morgan, 150 Cal.Rptr. 712, 87 Cal.App.3d 59 (Cal. App. 1978):

Defendant also contends that the prosecutor deliberately and knowingly introduced the evidence of defendant's prior criminal conduct; that it therefore constituted prosecutorial misconduct giving rise to a violation of defendant's due process rights. "Prosecutorial misconduct implies the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury." (People v. Strickland (1974) 11 Cal.3d 946, 955, 114 Cal.Rptr. 632, 523 P.2d 672, 677.) The absence of good faith is an essential ingredient of the concept of misconduct. (People v. Chojnacky (1973) 8 Cal.3d 759, 766, 106 Cal.Rptr. 106, 505 P.2d 530.) But we do not interpret the record as establishing bad faith on the part of the prosecutor in introducing the inadmissible character-trait evidence.

[87 Cal.App.3d 70]

Other Questions


Can a prosecutor add an additional charge or allegation under section 739 of the Criminal Code to the criminal complaint of a defendant in a sexual assault case? (California, United States of America)
Can a prosecutor knowingly present false evidence in a criminal case? (California, United States of America)
Is there any case law where a defendant alleges that a prosecutor argued facts not in evidence? (California, United States of America)
In a sexual assault case, is a defendant permitted to refer to his failure to introduce evidence that was excluded on the prosecutor's motion? (California, United States of America)
Can a prosecutor knowingly present false evidence in a criminal case? (California, United States of America)
Can a prosecutor improperly cross-examine a defendant's prior criminal convictions in a criminal case? (California, United States of America)
Does Section 1385 of the California Criminal Code apply to a defendant in a case where there is evidence that the prosecution of defendants was inappropriate? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
What is the test for unanimity in a civil case where there are allegations of sexual assault against the same defendant in separate criminal cases? (California, United States of America)
What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.