Can a jury be admonished to disregard any portion of the prosecutor's opening statement?

California, United States of America


The following excerpt is from People v. Gonzalez, B222069 (Cal. App. 2011):

After the prosecutor had concluded his opening statement, defendant's counsel objected to the statements and moved for a mistrial. At no time, however, did defendant's counsel request that the jury be admonished to disregard any portion of the opening statement. Defendant has failed to demonstrate that appropriate admonitions would not have cured the harm of which he complains. To the contrary, it appears that a timely admonition to the jury readily would have cured any prejudice. (See People v. Adanandus, supra, 157 Cal.App.4th at p. 512.)

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