Does a defendant have to raise a timely objection and admonish the jury to disregard the offending remarks?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):

To preserve a claim of prosecutorial misconduct for appeal, however, the defendant must have raised a timely objection and requested that the jury be admonished to disregard the offending remarks. (

[364 P.3d 395]

People v. Linton, supra, 56 Cal.4th at p. 1205, 158 Cal.Rptr.3d 521, 302 P.3d 927 ;

[62 Cal.4th 653]

People v. Huggins (2006) 38 Cal.4th 175, 251252, 41 Cal.Rptr.3d 593, 131 P.3d 995.) Defense counsel neither objected to the prosecutor's rhetorical questions, nor asked the court to admonish the jury. Defendant therefore has forfeited his claim of misconduct. (People v. Thomas (2012) 54 Cal.4th 908, 944, 144 Cal.Rptr.3d 366, 281 P.3d 361.)

Other Questions


Is there any case law where defense counsel failed to timely object and did not timely object to admonish the jury to disregard the improper question? (California, United States of America)
Does a criminal defendant have to make a timely objection, make known the basis of their objection, and ask the trial court to admonish the jury? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Does a defendant have to raise an objection at the time of sentencing? (California, United States of America)
Is defendant's failure to timely object and request admonishment at trial for most of the alleged misconduct? (California, United States of America)
Does a defendant have to forfeit any claim that a probation condition is unreasonable if he fails to raise a timely objection? (California, United States of America)
Is a defendant ineffective in failing to raise a timely and specific objection to the admission of evidence? (California, United States of America)
When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)
What is the consequence of defendant's failure to make a timely and specific objection on an objection to a motion of motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.