Can a defendant bring a claim of prosecutorial misconduct against the jury?

California, United States of America


The following excerpt is from People v. Palmer, E065154 (Cal. App. 2018):

the jury. Furthermore, . . . when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. [Citation.]" (People v. Morales (2001) 25 Cal.4th 34, 44.)

Generally, in order to raise any alleged error on appeal, the error must have first been brought to the attention of the trial court. Normally, a defendant forfeits any complaint of prosecutorial misconduct on appeal unless he or she timely objects to the alleged misconduct at the time it occurs and also requests that the jury be admonished to reject the alleged impropriety. (People v. Ervine (2009) 47 Cal.4th 745, 806; In re S.B. (2004) 32 Cal.4th 1287, 1293.)

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