What is the test for a defense to preserve a claim for prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Griffith, G031216 (Cal. App. 11/14/2003), G031216. (Cal. App. 2003):

To preserve a claim for prosecutorial misconduct, the defendant "must generally object and request the court to admonish the jury to disregard the misconduct" (People v. Cox (2003) 30 Cal.4th 916, 952) unless "a request for admonition . . . would be futile" (People v. Hill, supra, 17 Cal.4th at p. 820). Here, because the court overruled the objection, any request for an admonition would have been futile. Defendant's objection to the argument preserved the issue for appeal. (Ibid.)

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