What is the test for determining whether a defendant can obtain inadmissible evidence from a witness?

California, United States of America

The following excerpt is from People v. Suwannangkul, B285004 (Cal. App. 2018):

(People v. Daveggio (2018) 4 Cal.5th 790, 854.) A defendant is entitled to relief under state law if the defendant shows "'that the challenged conduct raised a reasonable likelihood of a more favorable verdict.' [Citation.] Under federal law, relief is not available if 'the challenged conduct was . . . harmless beyond a reasonable doubt.' [Citation.]" (Ibid.)
A prosecutor may not intentionally elicit inadmissible evidence from a witness. (People v. Trinh (2014) 59 Cal.4th 216, 248.) "'Such misconduct is exacerbated if the prosecutor continues to attempt to elicit such evidence after defense counsel has objected.'" (Ibid.)

1. Yelp Reviews on Top Thai

"The most advanced legal research software ever built."

Try it today free of charge!

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

What is the test for determining whether evidence obtained during an unlawful search is inadmissible? (California, United States of America)

Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (California, United States of America)

What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)

Is a witness who gave inadmissible opinion testimony on the central question of whether a defendant was guilty of a charge of gang enhancement a claim of erroneous admission of evidence? (California, United States of America)

What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)

What is the evidence that the jury was entitled to consider in determining whether there was evidence of negligence against defendant? (California, United States of America)

Can a defendant argue that a statement made by defendant to a witness was inadmissible under the California Evidence Code? (California, United States of America)

What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)

What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)

In what circumstances will the Court consider the sufficiency of evidence in determining whether the evidence was sufficient to prevent or dissuade a victim or witness from reporting a crime? (California, United States of America)

What is the test for determining whether a defendant can obtain inadmissible evidence from a witness?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources