Is a claim of prosecutorial misconduct reviewable on appeal?

California, United States of America


The following excerpt is from People v. Sapp, 2 Cal.Rptr.3d 554, 31 Cal.4th 240, 73 P.3d 433 (Cal. 2003):

A claim of prosecutorial misconduct is generally reviewable on appeal only if the defense makes a timely objection at trial and asks the trial court to admonish the jury to disregard the prosecutor's question. (People v. Earp, supra, 20 Cal.4th at p. 858, 85 Cal.Rptr.2d 857, 978 P.2d 15; People v. Price (1991) 1 Cal.4th 324, 447, 3 Cal.Rptr.2d 106, 821 P.2d 610.) "`[Otherwise, the point is reviewable only if an admonition would not have cured the harm.'" (People v. Earp, supra, at p. 858, 85 Cal.Rptr.2d 857, 978 P.2d 15.) Here, any harm could have been cured by an admonition; thus the claim in question is not preserved for appeal.

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