Prosecutorial Misconduct - False Testimony to Obtain a Conviction

The test of prosecutorial misconduct is whether the defendant was denied a fair and impartial trial. People v. Paquette, 214 Mich App 336, 342; 543 NW2d 342 (1995). Prosecutorial misconduct issues are decided on a case-by-case basis, and the reviewing court must examine the pertinent portion of the record and evaluate a prosecutor's remarks in context. People v. LeGrone, 205 Mich App 77, 82; 517 NW2d 270 (1994). A prosecutor may not knowingly use false testimony to obtain a conviction. People v. Lester, 232 Mich App 262, 276; 591 NW2d 267 (1998). A prosecutor also has a constitutional obligation to report to the defendant and the trial court whenever a government witness lies under oath, and a duty to correct false evidence. Id. at 276. However, a prosecutor's failure to correct false testimony does not require automatic reversal. A new trial is required only if the false testimony could in any reasonable likelihood have affected the judgment of the jury. Id. at 280.