Can a defendant bring a claim of misconduct against the Attorney General on appeal?

California, United States of America


The following excerpt is from People v. Sanchez, F069386 (Cal. App. 2017):

" 'As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety.' " (People v. Hill (1998) 17 Cal.4th 800, 820.) An exception is made if a timely objection or request for admonition would have been futile, or if an admonition would not have cured the harm caused by the misconduct. (Ibid.)

We discuss each claim of misconduct in turn.

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