Is a defendant permitted to raise objections on appeal against comments made by the district attorney during the closing argument?

California, United States of America


The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):

Defendant asserts that numerous comments made by the district attorney during closing argument constituted prejudicial misconduct. However, because he failed to object to any of the challenged statements at trial, he is precluded from raising the objections on appeal. 26 (People v. Green, supra, 27 Cal.3d at p. 27, 164 Cal.Rptr. 1, 609 P.2d 468.) None of the claimed errors were of such significance that they could not have been cured by an admonition. We therefore deem any error to be waived. (Cf. Green, supra, at pp. 34-35, 164 Cal.Rptr. 1, 609 P.2d 468.)

Other Questions


In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Can a defendant argue ineffective assistance of counsel on appeal for failing to object to the prosecutor's comments in closing argument? (California, United States of America)
Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)
In closing argument in a personal injury case, can the court admonish the appellant on appeal for failing to object to any statements in closing argument? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
Does Defendant have a right to object to the prosecutor's comments on the evidence in their closing argument? (California, United States of America)
Is a defendant permitted to proceed with an application to appeal against the finding that he failed to object at trial to the Court of Appeal? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.