In what circumstances have defense counsel failed to request a curative admonition to preserve a claim of prosecutorial misconduct for appeal?

California, United States of America


The following excerpt is from People v. Murry, A117950 (Cal. App. 3/6/2009), A117950 (Cal. App. 2009):

While again defense counsel failed to request a curative admonition to preserve a claim of prosecutorial misconduct for appeal, in this instance such a request would have been futile, as the objection was overruled. An appeal remains preserved despite the lack of any request for admonition if "`the court immediately overrules an objection to alleged prosecutorial misconduct [and therefore] the defendant has no opportunity to make such a request.'" (People v. Hill, supra, 17 Cal.4th 800, 821.)

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