Case Detail
CitationPeople v. Otero, 210 Cal. App. 4th 865 (Cal. Ct. App. 2012)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
BodyAppeals court
OpinionDefendant was convicted in the Superior Court of Orange County, California of four sex offenses against a child. The California Court of Appeals held that the prosecutor's diagram illustrating California's argument about “beyond a reasonable doubt” standard was prosecutorial misconduct, but the prosecutorial misconduct was harmless error. “[I]t is improper for the prosecutor to misstate the law generally [citation], and particularly to attempt to absolve the prosecution from its prima facie obligation to overcome reasonable doubt on all elements [citation]. ‘[E]xperiments,’ including mere graphs, lines, charts, or Power Point presentations, may imperil a prosecutor's attempt to establish the concept of guilt beyond a reasonable doubt. [Citation.] Prosecutors would be wise to avoid such devices. Otherwise a conviction on a closer case may be jeopardized, especially if the trial court does not sustain defense counsel's objection to the argument and fails to advise the jury to disregard the objected to presentation."
Determination Year2012
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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