California, United States of America
The following excerpt is from People v. Gallo, G044732 (Cal. App. 2012):
Initially, defendant acknowledges his trial attorney did not object to the purported instances of misconduct but argues it was not necessary to do so in this case. Generally, "a defendant who fails to make a timely objection to the claimed misconduct forfeits the claim unless it appears an objection or admonition could not have cured any resulting prejudice or that objecting would have been futile. [Citations.]" (People v. Abel (2012) 53 Cal.4th 891, 914.) Since defendant alternatively asserts the failure to object constitutes ineffective assistance of counsel, we shall review the judicial misconduct claim on its merits. (People v. Chong (1999) 76 Cal.App.4th 232, 243 ["because defendant contends that [trial counsel's] failure to object and seek curative jury admonitions constituted ineffective assistance of counsel . . ., we address the merits of his claim of error"].)
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