Can a defense counsel request an admonition from the trial court to disregard the prosecution's improper comments?

California, United States of America


The following excerpt is from People v. Dubose, B250215 (Cal. App. 2014):

Defense counsel did not raise a timely objection nor did counsel request an admonition from the trial court to disregard the prosecution's alleged improper comments. No evidence in the record suggests an admonition was futile nor does appellant argue that an admonition would have been futile. Because an admonition would have cured any alleged harm, defense counsel's failure to request an admonition forfeited the claim for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)

Even if the claim were not forfeited, there would be no misconduct. Prosecutors are given wide latitude to discuss and draw inferences from the evidence at trial. (People v. Dennis, supra, 17 Cal.4th at p. 522.) Here, the prosecutor's argument included an inference reasonably drawn from the evidence presented at trial.

iv. Assuming facts not in evidence

Appellant contends the prosecutor committed misconduct when she argued appellant knew a child was crying in the backseat.

Defense counsel did not raise a timely objection nor did counsel request an admonition from the trial court to disregard the prosecution's alleged improper argument. Further, no evidence in the record suggests an admonition was futile nor does appellant argue that an admonition would have been futile. Accordingly, this claim is forfeited for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)

Even if the claim were not forfeited, there would be no misconduct. The argument was a reasonable inference from the evidence. (People v. Dennis, supra, 17 Cal.4th at p. 522.)

g. Defense closing arguments

Appellant contends the prosecutor raised improper objections during defense counsel's closing statement, which constituted misconduct.

Page 18

Other Questions


Can a defense counsel raise a timely objection or admonition from the trial court to disregard improper comments made by the prosecution? (California, United States of America)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
Can a defense counsel request an admonition from the trial court for failing to timely object to challenged testimony? (California, United States of America)
Does the trial court erred by discussing some of defendant's complaints about defense counsel and disagreements with defense counsel in the presence of the prosecutor? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
In a personal injury action, in what circumstances will the trial court allow the defense counsel to comment on the conduct of plaintiffs' counsel? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Can a defense counsel request an admonition from the court for failing to object to a prosecutor's improper conduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.