Can a defendant bring a claim on appeal against the conviction of a prosecutor for improper communications to the jury?

California, United States of America


The following excerpt is from People v. Taituave, B225435 (Cal. App. 2012):

reprehensible methods to attempt to persuade either the court or the jury."" [Citation.] 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. [Citation.] Additionally, 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. Samayoa (1997) 15 Cal.4th 795, 841.)

A defendant's conviction will not be reversed for prosecutorial misconduct that violates state law unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct. (People v. Wallace (2008) 44 Cal.4th 1032, 1071.)

Other Questions


Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for a claim of prosecutorial misconduct when a prosecutor's comments to the jury before the jury in a criminal case are deemed improper or improper? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)
Can a defendant bring a claim of improper vouching against a prosecutor? (California, United States of America)
When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.