Can a defendant bring a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Skinner, B254848 (Cal. App. 2015):
Absent a showing that an objection or request for admonition would have been futile or the harm could not have been cured, a defendant may not complain of prosecutorial misconduct unless the defendant objected to the alleged misconduct in a timely fashion at trial and requested that the jury be admonished to disregard the impropriety. (People v. McDermott (2002) 28 Cal.4th 946, 1001.)
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