Is there any case law where defense counsel made no objection based on prosecutorial misconduct or request that the jury be instructed about late discovery?

California, United States of America


The following excerpt is from People v. Higgins, B230156 (Cal. App. 2012):

At the outset, defense counsel made no objection based on prosecutorial misconduct, nor did he request a curative admonition or request that the jury be instructed about late discovery. Therefore, appellant's claim is forfeited. (People v. Samayoa, supra, 15 Cal.4th at p. 841.)

Moreover, even if misconduct were found, appellant was not prejudiced by the introduction of the photographs. As the trial court explained, the photographs were merely illustrative of the witnesses' testimony, and therefore appellant cannot show that he would have achieved a more favorable result absent the alleged misconduct or with a curative admonition. (See People v. Arias, supra, 13 Cal.4th at p. 161.)

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