Does the defense preserve a claim of prosecutorial misconduct for appeal by making a timely objection at trial and asking the court to admonish the jury?

California, United States of America


The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):

The defense preserves a claim of prosecutorial misconduct for appeal by making a timely objection at trial and asking the court to admonish the jury. ( People v. Earp, supra, 20 Cal.4th at p. 858, 85 Cal.Rptr.2d 857, 978 P.2d 15; People v. Price, supra, 1 Cal.4th at p. 447, 3 Cal.Rptr.2d 106, 821 P.2d 610.) [O]therwise, the point is reviewable only if an admonition would not have cured the harm caused by the misconduct. ( People v. Earp, supra, 20 Cal.4th at p. 858, 85 Cal.Rptr.2d 857, 978 P.2d 15.)

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