Does the failure to object and request admonition constitute prosecutorial misconduct?

California, United States of America


The following excerpt is from The People v. Mora, H034045, No. SS072399A (Cal. App. 2010):

Again, this claim of prosecutorial misconduct was not preserved for review on appeal because defense counsel did not object. (People v. Dykes (2009) 46 Cal.4th 731, 773.) The record does not show that the failure to object and request an admonition was excused.

Other Questions


Is a defendant's claim of prosecutorial misconduct forfeited by his failure to object and request a curative admonition when the jury began their deliberations? (California, United States of America)
Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition? (California, United States of America)
Does a defendant have to make a timely objection and/or request an admonition at trial to preserve for appeal a claim of prosecutorial misconduct? (California, United States of America)
Can a failure to object to prosecutorial misconduct be excused when the misconduct "contributed materially to the verdict"? (California, United States of America)
Is a defendant permitted to complain on appeal of prosecutorial misconduct for failing to object or request an admonition from the trial court? (California, United States of America)
Does a defendant have a claim of prosecutorial misconduct on appeal because he did not object to or request that the jury be admonished? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Does a defense counsel have ever successfully objected to an objection based on prosecutorial misconduct? (California, United States of America)
Does a failure to object to prosecutorial misconduct excused on the ground of futility? (California, United States of America)
Is a defendant's failure to object to statements made by the prosecutor during his penalty phase argument constitute misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.