Does a defendant have the right to object to a comment made by a prosecutor at a hearing?

California, United States of America


The following excerpt is from People v. Mitchell, B281809 (Cal. App. 2018):

Although defendants in this case forfeited the right to object to the prosecutor's comment by not objecting to her argument at the time (People v. Denard (2015) 242 Cal.App.4th 1012, 1019-1020 (Denard)), we have the discretion to reach the merits of the issue and will do so in this case to stave off any claim of ineffective assistance of counsel (ibid.).

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