Does the Attorney General have the authority to prevent a defendant from complaining on appeal of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Jamieson (In re Jamieson), G045812, G048218 (Cal. App. 2013):

Contrary to the Attorney General's argument, while "'[a]s a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety[]'" (People v. Hill (1998) 17 Cal.4th 800, 820), the defense adequately preserved this issue. Defense counsel's assertion that the prosecutor's statements constituted "improper argument" satisfied the first requirement. Counsel did not ask for the jury to be admonished, but "the absence of a request for a curative admonition does not forfeit the issue for appeal if 'the court immediately overrules an objection to alleged prosecutorial misconduct [and as a consequence] the defendant has no opportunity to make such a request.' [Citations.]" (Id. at pp. 820-821.)

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