California, United States of America
The following excerpt is from Du Jardin v. City of Oxnard, 38 Cal.App.4th 174, 45 Cal.Rptr.2d 48 (Cal. App. 1995):
"Generally a claim of misconduct is entitled to no consideration on appeal unless the record shows a timely and proper objection and a request that the jury be admonished. [Citations.]" (Horn v. Atchison T. & S.F. Ry. Co. (1964) 61 Cal.2d 602, 610, 39 Cal.Rptr. 721, 394 P.2d 561.) In evaluating claims of misconduct, "[e]ach case must ultimately rest upon a court's view of the overall record, taking into account such factors, inter alia, as the nature and seriousness of the remarks and misconduct, the general atmosphere, including the judge's control, of the trial, the likelihood of prejudicing the jury, and the efficacy of objection or admonition under all the circumstances." (Sabella v. Southern Pac. Co. (1969) 70 Cal.2d 311, 320-321, 74 Cal.Rptr. 534, 449 P.2d 750, fn. omitted.)
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