Is defendant's failure to timely object and request admonishment at trial for most of the alleged misconduct?

California, United States of America


The following excerpt is from People v. Farnam, 121 Cal.Rptr.2d 106, 28 Cal.4th 107, 47 P.3d 988 (Cal. 2002):

Initially, we observe defendant did not timely object and request admonishment at trial for most of the instances of alleged misconduct. There is no indication that meritorious objections would have been futile, and admonitions could have cured any potential harm resulting from the perceived misconduct. Accordingly, defendant has failed to preserve most of his contentions for appellate review. (People v. Earp, supra, 20 Cal.4th at p. 858, 85 Cal.Rptr.2d 857, 978 P.2d 15.) In any event, as we discuss below, no instance of prejudicial misconduct appears.

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