Can a defendant bring a claim against a prosecutor who made improper statements in his closing argument?

California, United States of America


The following excerpt is from People v. Howard, B241359 (Cal. App. 2013):

Defendant contends the prosecutor made improper statements during closing argument, specifically that he misstated the law related to heat of passion. "When a defendant believes the prosecutor has made remarks constituting misconduct during argument, he or she is obliged to call them to the court's attention by a timely objection. Otherwise no claim is preserved for appeal." (People v. Morales (2001) 25 Cal.4th 34, 43-44.) Defendant contends his trial counsel failed to make any objection to the prosecutor's improper statements, thus forfeiting defendant's ability to cure the improper argument at the time of trial which caused the jury to be confused on an important defense, and also depriving him of appellate review. Defendant contends such failures constitute ineffective assistance.

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