California, United States of America
The following excerpt is from People v. Adams, 179 Cal.Rptr.3d 644, 336 P.3d 1223, 60 Cal.4th 541 (Cal. 2014):
for appeal, a defendant must make a timely and specific objection and ask the trial court to admonish the jury to disregard the improper argument. [Citation.]' [Citation.] A failure to timely object and request an admonition will be excused if doing either would have been futile, or if an admonition would not have cured the harm. ( People v. Linton (2013) 56 Cal.4th 1146, 1205, 158 Cal.Rptr.3d 521, 302 P.3d 927.)
As the Attorney General notes, defendant never objected at trial to any of the prosecutor's comments that he now asserts are prejudicial. Nothing suggests an objection would have been futile or an admonition inadequate to cure any harm. Thus, his claim of misconduct during the opening statement is forfeited. ( People v. Tully (2012) 54 Cal.4th 952, 1011, 145 Cal.Rptr.3d 146, 282 P.3d 173.)
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