What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order?
California, United States of America
The following excerpt is from People v. Constancio, C074474 (Cal. App. 2014):
"It is misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence in violation of a court order. [Citation.] . . . Because we consider the effect of the prosecutor's action on the defendant, a determination of bad faith or wrongful intent by the prosecutor is not required for a
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finding of prosecutorial misconduct. [Citation.]" (People v. Crew (2003) 31 Cal.4th 822, 839 (Crew).)
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