Is a defendant's failure to object to "were they lying" questions forfeited a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from The People v. Mistler, C062054, No. CRF046307 (Cal. App. 2010):

The Attorney General responds that defendant has forfeited this contention by failing to object to the "were they lying" questions and to request an admonition. (People v. Bonilla (2007) 41 Cal.4th 313, 336 [failure to object and request admonition forfeits appellate claims of prosecutorial misconduct].) Defendant responds that an objection would have been futile because the one time he objected as argumentative, and the trial court sustained the objection, the prosecutor continued to ask the "were they lying" questions.

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