Is a defendant barred from challenging the prosecutor's statements on appeal?

California, United States of America


The following excerpt is from People v. Dyer, 246 Cal.Rptr. 209, 45 Cal.3d 26 (Cal. 1988):

We first note that defendant failed to object to the prosecutor's statements and is therefore precluded from challenging them on appeal because "any harm flowing therefrom could have been cured by appropriate admonition...." ( People v. Green, supra, 27 Cal.3d 1, 25, 27, 164 Cal.Rptr. 1, 609 P.2d 468.) "The reason for this rule, of course, is that, 'the trial court should be given an opportunity to correct the abuse and thus, if possible, prevent by suitable instructions the harmful effect upon the minds of the jury.' [Citations.]" (Id., at p. 27, 164 Cal.Rptr. 1, 609 P.2d 468.)

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