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14 Examples of Prosecutorial Misconduct for Criminal Appeals

14 Examples of Prosecutiorial Misconduct What if it had been your I: Appealing to passions of the Jury child he killed? District Attorney 2: Commenting on items not admitted into evidence 2 When I went to the scene, I remember seeing blood. I just forgot to take a picture. 3: Commenting on the fact that the defendant asked for a lawyer 3. It is clear the defendant only hired a lawyer because he is quilty. 4 I personally don't believe anything the 4: Expressing personal opinion of witness has said. witness credibility I Have known Officer Jones for 10 years and he is an honest cop. 5: Expressing opinion of witness honesty Improperly 6: Dismissing jurors because of their gender or race 7: Questioning the defendant Defendant, why do you think the witness testified against you'? I think that women will be too soft to convict the defendant, we should replace them immediately. 8 I find it interesting that the defendant would wait until now to ask for a lauwyer. 9. If he is so innocent, why didn't he testify and prove it? 8: Commenting on a defendant's use of Miranda rights 9: Commenting on defendant refusing to testify 10 If 10: Intimidating a defense witness you testify I will have you thrown in jail. 11 You should ignore 11: Misrepresenting the law to the jury the law and find the defendant guilty. 12: Referencing inadmissible 12 We have a full confession from the defendant! (even though the judge ruled it inadmissible) evidence Withholding 13: 13: Exculpatory (Brady) Evidence 14: Impeachment (Giglio) Evidence 13 This evidence would help the defendant, so I am not going to turn it over 14 Tam not going to tell the defense that my key witness has a perjury conviction WALLIN & KLARICH A LAW CORPORATION (877) 4-NO-JAIL

14 Examples of Prosecutorial Misconduct for Criminal Appeals

shared by WKLaw on Jul 15
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Fourteen (14) examples of common prosecutorial misconduct necessary to have grounds for a criminal appeal in California are explained: 1. Appealing to passions of the jury; 2. Commenting on items n...

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Wallin & Klarich

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