Does the Attorney General have waived the foregoing claims for failure to timely and adequately object at trial?

California, United States of America


The following excerpt is from People v. Bemore, 22 Cal.4th 809, 94 Cal.Rptr.2d 840, 996 P.2d 1152 (Cal. 2000):

We agree with the Attorney General that the foregoing claims have been waived for failure to timely and adequately object at trial. (People v. Crittenden, supra, 9 Cal.4th 83, 146, 36 Cal.Rptr.2d 474, 885 P.2d 887, and cases cited.) As noted by the trial court in reaching a similar conclusion below, defense counsel requested a sidebar conference in the midst of the prosecutor's remarks on remorse, but did not object on any particular legal ground. Although counsel was not allowed to approach the bench and the prosecutor was asked to resume his argument, nothing in the court's statements suggested that defense challenges were foreclosed once the

[94 Cal.Rptr.2d 872]

prosecutor finished making his point. Again, however, no objection was made. Since no specific claim of misconduct was presented while trial was underway and curative steps could have been taken, the matter has not been preserved on appeal.

[94 Cal.Rptr.2d 872]

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