Does a defendant have to forfeit any claim of prosecutorial misconduct during a closing argument?

California, United States of America


The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):

Defendant argues that objections and/or requests for admonition concerning comments about defense counsel "would have particularly been futile coming from the very attorney whose integrity was being questioned." He further argues that these comments were so pervasive and extended throughout the rebuttal argument that constant objections would have been "counterproductive." "The problem is that defendant made no objections whatever to the various instances of asserted misconduct cited above." (People v. Dennis (1998) 17 Cal.4th 468, 521, 71 Cal.Rptr.2d 680, 950 P.2d 1035.) A timely objection and admonition by the trial court at the outset might have restrained the prosecutor's aggressiveness before it became so pervasive. (See ibid.)

We conclude defendant has forfeited any claim of prosecutorial misconduct during closing arguments.12

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