Can a defendant bring a claim on appeal of prosecutorial misconduct for failing to admonish the jury?

California, United States of America


The following excerpt is from The People v. Robinson, C061862, No. 05F03986 (Cal. App. 2011):

These claims are forfeited. 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. McDermott (2002) 28 Cal.4th 946, 1001, quoting People v. Hill (1998) 17 Cal.4th 800, 820.) Here, defense counsel remained silent in the face of the prosecutor's remarks and defendant makes no attempt to show that they were so egregious that no admonition could have cured the harm. Consequently, these arguments are not cognizable.

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