Motion for a New Trial – Prosecutorial Misconduct

A motion for a new trial may also be granted on special grounds involving prosecutorial misconduct. In representing the interests of the public in criminal proceedings, the prosecution has the duty to abide by certain professional duties and ethical responsibilities. However, prosecutors can often fail to meet this standard in the course of a trial.

If the conduct of the prosecution was improper or unethical, and the defendant is convicted as a result, the conviction can be set aside for a new trial. However, the misconduct must have had a significant bearing on the outcome. In other words, the defendant must be able to demonstrate that had it not been for the misconduct of the prosecution, more favorable results for the defendant would have occurred (People v. Prysock (1982) 127 Cal.App.3d 972, 998).

Prosecutorial misconduct may include:

•    Referring to evidence that is not admissible in court,
•    Eliciting improper or prejudicial answers from witness testimony,
•    Withholding evidence that would benefit the defense,
•    Expressing personal opinions about the defendant’s character or guilt,
•    Appealing to the emotions or passions of the jury,
•    OR any other act or conduct that would unfairly shape the outcome of the trial.

A motion for a new trial would be the best remedy for prosecutorial misconduct in situations where the resulting prejudice cannot be adequately cured by striking the evidence from the record or instructing the jury to disregard the improper utterance, testimony, or action. However, a new trial is only available if the defense attorney objects to the misconduct at the time it occurred and attempts to bring the misconduct to light by requesting that the judge instruct the jury to disregard the impropriety (People v. Ochoa (1998) 79 Cal.Rptr.2d 408, 427).

Recent studies have revealed that many instances of prosecutorial misconduct in California have gone unpunished. Therefore, it is crucial that you protect your rights by retaining an experienced criminal defense attorney who will advocate on your behalf and ensure that you are given a fair trial. Our attorneys at Wallin & Klarich have been in practice for over 30 years and will work diligently to provide you with high-quality legal services that are essential to achieving the best possible result in your case. Call us today at 888-749-0034. We will be there for you when you call.