California, United States of America
The following excerpt is from People v. Quintero, H039290 (Cal. App. 2014):
Although defense counsel objected, she failed to request a curative admonition, which would have cured any harm. (See People v. Montiel (1993) 5 Cal.4th 877, 914.) "A claim of prosecutorial misconduct is not preserved unless the defendant makes a timely objection and requests an admonition . . . . [Citation.]" (People v. Hajek (2014) 58 Cal.4th 1144, 1241.) Even assuming the prosecutor's statements concerning defense counsel's evidentiary objections constituted prosecutorial misconduct under state law and the trial court overruled the objection so quickly that there was no opportunity to request an admonition, we find no miscarriage of justice. The jury instructions rendered the misconduct harmless.
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