Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition?

California, United States of America


The following excerpt is from People v. Heuser, C071598 (Cal. App. 2014):

Defendant's claim of prosecutorial misconduct is forfeited because he did not object to the prosecutor's alleged misconduct and request a curative admonition. (People v. McDowell (2012) 54 Cal.4th 395, 436.) Anticipating forfeiture, defendant argues reversal is nevertheless required because defense counsel's failure to object and request such an admonition amounted to ineffective assistance of counsel. Assuming counsel's performance fell below an objective standard of reasonableness, defendant has not carried his burden of demonstrating a more favorable outcome is reasonably probable absent counsel's omissions.

Page 8

Other Questions


Is a defendant's claim of prosecutorial misconduct forfeited by his failure to object and request a curative admonition when the jury began their deliberations? (California, United States of America)
Does a defendant have to make a timely objection and/or request an admonition at trial to preserve for appeal a claim of prosecutorial misconduct? (California, United States of America)
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)
Is a defendant's failure to object to "were they lying" questions forfeited a claim of prosecutorial misconduct? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Does a defendant have a claim of prosecutorial misconduct on appeal because he did not object to or request that the jury be admonished? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
Does a defendant have to forfeit his claim of prosecutorial misconduct for comments made by a prosecutor in a criminal case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a defendant permitted to complain on appeal of prosecutorial misconduct for failing to object or request an admonition from the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.