State v. Sanchez-Medina

This criminal case involves charges of sexual assault. Defendant testified on his own behalf at trial and denied the allegations. At *455the start of his cross-examination, the prosecution asked whether he had come to the United States legally. Over an objection, the jury learned that defendant had not. That highly charged evidence was irrelevant and should not have been admitted, as the State now concedes.

Only in a rare case will it be appropriate for a prosecutor to elicit testimony about a defendant’s immigration status. In most instances, that type of evidence has no bearing on the crimes…