How have the courts dealt with an improper question in a criminal case?

California, United States of America


The following excerpt is from People v. Tremblay, E063856 (Cal. App. 2017):

We will assume that defendant's objection that the question violated his attorney-client privilege and his argument that the prosecutor "kn[e]w better" than to ask such a question was sufficient to alert the trial court that the objection included a claim of prosecutorial misconduct or error and to preserve the claim for appellate review. The trial court found the question objectionable on the ground defendant asserted. Accordingly, because defendant did not request an admonition to the jury, the question is whether defendant has demonstrated that an admonition would not have cured any prejudice resulting from the improper question. (People v. Medina, supra, 11 Cal.4th at p. 761.) Defendant does not address that issue.

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