What is the test for reversal of a conviction for gross misconduct in a criminal case?
California, United States of America
The following excerpt is from People v. Landers, B218366 (Cal. App. 2011):
Even if a defendant shows that prosecutorial misconduct occurred, reversal is not required unless the defendant can demonstrate that it was reasonably probable a result more favorable to him would have occurred absent the misconduct or with a curative admonition. (People v. Arias (1996) 13 Cal.4th 92, 161.)
"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
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Can a defendant appeal against his conviction and sentence for two separate criminal convictions arising from the same criminal case? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the test for reversal of a conviction for gross misconduct in a civil case? (California, United States of America)
What is the test of misconduct for a prosecutor to reverse a conviction for misconduct in a civil case? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions? (California, United States of America)
