Is a motion for a new trial insufficient to preserve the issue of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Tatum, B268692 (Cal. App. 2017):
Finally, raising a claim of prosecutorial misconduct in a motion for new trial is insufficient to preserve the issue because it does not afford the trial court the opportunity to admonish the jury and mitigate any prejudice. (People v. Williams (1997) 16 Cal.4th 153, 191.) In short, defendant fails to show he preserved his claim of prosecutorial misconduct.
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