What is the test for a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Bueno, A149158 (Cal. App. 2018):

As an initial matter, appellant forfeited the claim by failing to object below. "To preserve a claim of prosecutorial misconduct for appeal, a criminal defendant must make a timely objection, make known the basis of his objection, and ask the trial court to admonish the jury. . . . Failure to make a specific and timely objection and request that the jury be admonished forfeits the issue for appeal unless such an objection would have been futile." (People v. Brown (2003) 31 Cal.4th 518, 553 (Brown).) Contrary to appellant's argument, as the discussion below demonstrates, the statements were not so prejudicial as to render an admonition futile.

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