Can a failure to object to prosecutorial misconduct be excused when the misconduct "contributed materially to the verdict"?
California, United States of America
The following excerpt is from People v. Green, 164 Cal.Rptr. 1, 27 Cal.3d 1, 609 P.2d 468 (Cal. 1980):
The belief that a failure to object to prosecutorial misconduct is excused when the misconduct "contributed materially to the verdict" can be traced back to misleading language in the opinion of this court in People v. Berryman (1936) 6 Cal.2d 331, 337, 57 P.2d 136. Prior to that time, the cases [609 P.2d 484] had established two distinct rules of law on
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