Does a defense counsel have ever successfully objected to an objection based on prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Billoups, C075651 (Cal. App. 2015):

Citing People v. Hill (1998) 17 Cal.4th 800, 820, defendant argues this case presents an exception to the rule of forfeiture, because there was no admonition that could have cured the harm. However, People v. Hill concluded an objection based on prosecutorial misconduct would have been futile because defense counsel made repeated objections on that ground, but was overruled. (Id. at pp. 820-821.) Defendant points to no prior similar objections made by his trial counsel that the trial court overruled.

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