Does a defendant have to forfeit his claim of prosecutorial misconduct for comments made by a prosecutor in a criminal case?

California, United States of America


The following excerpt is from People v. Scalise, C084300 (Cal. App. 2018):

Defendant did not object to any of the prosecutor's comments. To the extent any of the comments were objectionable, they could easily have been cured by an admonition from the judge. (People v. Cunningham (2001) 25 Cal.4th 926, 1002.) Accordingly, defendant forfeited his claims of prosecutorial misconduct. (People v. Huggins (2006) 38 Cal.4th 175, 205.)

Other Questions


Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
What is the test for a claim of prosecutorial misconduct when a prosecutor's comments to the jury before the jury in a criminal case are deemed improper or improper? (California, United States of America)
Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition? (California, United States of America)
What is the standard of bad faith for a defendant to bring a claim of prosecutorial misconduct against a prosecutor for comments he made to the jury? (California, United States of America)
When will a defendant be able to bring a claim for prosecutorial misconduct based on the prosecutor's comments before the jury? (California, United States of America)
Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)
When will a defendant be able to bring a claim for prosecutorial misconduct based on the prosecutor's comments before the jury? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.