What is the test for making a claim of misconduct?
California, United States of America
The following excerpt is from People v. Rodrigues, H035024 (Cal. App. 2011):
even when those actions do not result in a fundamentally unfair trial.' [Citation.] 'In order to preserve a claim of misconduct, a defendant must make a timely objection and request an admonition; only if an admonition would not have cured the harm is the claim of misconduct preserved for review.' [Citation.]" (People v. Friend (2009) 47 Cal.4th 1, 29.)
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