Does a defendant's failure to object on grounds of prosecutorial misconduct forfeits the issue?

California, United States of America


The following excerpt is from People v. Robbins, 19 Cal.App.5th 660, 228 Cal.Rptr.3d 468 (Cal. App. 2018):

Defendant asserts the prosecutor erred by failing to ensure his witnesses complied with the in limine ruling prohibiting references to defendant's alleged support for racist organizations. The People assert defendant forfeited this issue by failing to object in the trial court, or to the extent defendant's trial counsel requested an admonishment, the trial court complied with the request. (See People v. Tully (2012) 54 Cal.4th 952, 1037-1038, 145 Cal.Rptr.3d 146, 282 P.3d 173 ( Tully ) [failure to object on grounds of prosecutorial misconduct forfeits the issue].) We choose to address the merits of defendant's contention.

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