When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct?

California, United States of America


The following excerpt is from Gary G., In re, 115 Cal.App.3d 629, 171 Cal.Rptr. 531 (Cal. App. 1981):

The minor also asserts misconduct occurred when the district attorney expressed his personal opinion to the court as to the veracity of a witness for the defense. We agree that such an expression of personal opinion amounts to misconduct. (See People v. Perez (1962) 58 Cal.2d 229, 245, 23 Cal.Rptr. 569, 373 P.2d 617.) In order to state a case of misconduct sufficient to warrant reversal, however, it is incumbent upon the minor to demonstrate prejudice resulting from the misconduct. (People v. Bolton (1979) 23 Cal.3d 208, 214, 152 Cal.Rptr. 141, 589 P.2d 396.) Here the hearing was in front of a judge, not a jury. (Cf. ibid.) The minor has not shown, nor does the record in any way demonstrate, any prejudice to him attributable to the remarks made by the district attorney. The contention must be rejected.

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