What is the test for a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Gionis, 40 Cal.Rptr.2d 456, 892 P.2d 1199, 9 Cal.4th 1196 (Cal. 1995):

Generally, a reviewing court will not review a claim of misconduct in the absence of an objection and request for admonishment at trial. "To preserve for appeal a claim of prosecutorial misconduct, the defense must make a timely objection at trial and request an admonition; otherwise, the point is reviewable only if an admonition would not have cured the harm caused by the misconduct." (People v. Price, supra, 1 Cal.4th at p. 447, 3 Cal.Rptr.2d 106, 821 P.2d 610; see also People v. Rowland, supra, 4 Cal.4th at p. 274, 14 Cal.Rptr.2d 377.)

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