What is the test for making a timely and specific objection and asking the court to admonish the jury to disregard the impropriety?

California, United States of America


The following excerpt is from People v. Lima, 262 Cal.Rptr.3d 864, 49 Cal.App.5th 523 (Cal. App. 2020):

"[T]o preserve a claim of prosecutorial misconduct for appeal, " a criminal defendant must make a timely and specific objection and ask the trial court to admonish the jury to disregard the impropriety. " [Citation.] The lack of a timely objection and request for admonition will be excused only if either would have been futile or if an admonition would not have cured the harm. [Citation.]" ( People v. Hoyt, supra , 8 Cal.5th at pp. 942943, 257 Cal.Rptr.3d 784, 456 P.3d 933.)

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