Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal?

California, United States of America


The following excerpt is from People v. Ortiz, 157 Cal.Rptr. 448, 95 Cal.App.3d 926 (Cal. App. 1979):

6 Defense counsel failed to object to the prosecutor's closing argument at trial. However, there are exceptions to the general rule that a failure to object at trial waives the right to object on appeal. Where a case is closely balanced such as the instant case and the prosecutor's acts of misconduct are such as to contribute materially to the verdict, the right to raise these issues on appeal are not waived by a failure to object at trial. (People v. Perez (1962) 58 Cal.2d 229, 247, 23 Cal.Rptr. 569, 373 P.2d 617; People v. Berryman (1936) 6 Cal.2d 331, 337, 57 P.2d 136.) In any event, the prosecutor's remarks were of such a character that a harmful result could not have been obviated or cured by any retraction of counsel or instruction of the court.

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