Can a defendant bring an appeal against the finding of misconduct against a prosecutor?

California, United States of America


The following excerpt is from People v. Jasper, A143146 (Cal. App. 2016):

" ' "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.] 'Because we do not expect the trial court to recognize and correct all possible or arguable misconduct on its own motion [citations], defendant bears the responsibility to seek an admonition if he believes the prosecutor has overstepped the bounds of proper comment, argument, or inquiry.' [Citation.]" (People v. Gray (2005) 37 Cal.4th 168, 215.) " 'In the absence of a timely objection the claim is reviewable only if an admonition would not have otherwise cured the harm caused by the misconduct.' " (People v. Hinton (2006) 37 Cal.4th 839, 863.)

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