Does a defendant have a constitutional right to object to comments made by a prosecutor during argument?

California, United States of America


The following excerpt is from People v. Redmond, 176 Cal.Rptr. 780, 29 Cal.3d 904, 633 P.2d 976 (Cal. 1981):

Moreover, the constitutional claim was waived because defendant did not object to the prosecutor's comments during argument. As we recently observed in People v. Green (1980) 27 Cal.3d 1, 34, 164 Cal.Rptr. 1, 609 P.2d 468, "(T)he initial question to be decided in all cases in which a defendant complains of prosecutorial misconduct for the first time on appeal is whether a timely objection and admonition would have cured the harm. If it would, the contention must be rejected (citations)...."

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