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


The following excerpt is from People v. Perry, B260958 (Cal. App. 2016):

that we may find misconduct even in the absence of "bad faith or wrongful intent" (People v. Crew (2003) 31 Cal.4th 822, 839), the other cases he cites do not persuade us that misconduct occurred under the circumstances here. (See People v. Warren (1988) 45 Cal.3d 471, 481 [failure to admonish witnesses]; People v. Leonard (2007) 40 Cal.4th 1370, 1405 [finding no misconduct where prosecutor's question "was not inherently likely to elicit a reference to the [inadmissible evidence] and there was no evidence that the prosecutor asked it with the intent to elicit such a reference"].)

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