People v. Carmony CA6

FACTS

On the morning of May 21, 2010, the Savinis heard noises downstairs and found defendant rummaging through Ms. Savini’s purse in the kitchen. Defendant fled and Mr. Savini tackled him outside. Police arrived and apprehended him. Six $20 bills were found in his front pocket, money that was separate from his wallet, which police found in another pocket. The Savinis’ daughter discovered that six $20 bills were missing from a wallet she had left in a car parked in the driveway Further police investigation discovered that defendant possessed Apple brand electronic devices bearing identifications of Nolan Johnson, Barbara Carman, Alex Buooher, Joan Rizutto, Heather McKenzie, and one “Matt,” last name unknown. Johnson and Carman testified that they had discovered their devices to be missing from their cars.

DISCUSSION

I. Claims of Prosecutorial Misconduct

Defendant claims his rights under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and under state law were violated by instances of prosecutorial misconduct. The law of prosecutorial misconduct, in the face of a claim of misconduct under the federal Constitution or state law, is well-settled. “ ‘…