What is the test for making an objection to prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. McDowell, G058262 (Cal. App. 2020):

"To 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. [Citations.] A defendant will be excused from the requirement of making a timely objection and/or a request for admonition if either would have been futile. [Citation.] In addition, the failure to request that the jury be admonished does not forfeit the issue for appeal if an admonition would not have cured the harm caused by the misconduct or the trial court immediately overrules an objection to alleged misconduct such that the defendant has no opportunity to make such a request." (People v. Cole (2004) 33 Cal.4th 1158, 1201.) "A defendant claiming that one of these exceptions applies must find support for his or her claim in the record." (People v. Panah (2005) 35 Cal.4th 395, 462.)

Other Questions


When a prosecutor has been found not guilty of misconduct for failing to make a meritless objection to a motion, does the prosecutor have to make meritless objections? (California, United States of America)
Does the defense preserve a claim of prosecutorial misconduct for appeal by making a timely objection at trial and asking the court to admonish the jury? (California, United States of America)
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Does a criminal defendant have to make a timely objection, make known the basis of their objection, and ask the trial court to admonish the jury? (California, United States of America)
Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition? (California, United States of America)
Does a defendant have to make a timely objection and/or request an admonition at trial to preserve for appeal a claim of prosecutorial misconduct? (California, United States of America)
Can a failure to object to prosecutorial misconduct be excused when the misconduct "contributed materially to the verdict"? (California, United States of America)
Is a defendant's claim that her trial counsel was ineffective for not objecting to the alleged prosecutorial misconduct? (California, United States of America)
Is there any case law where a defendant's trial counsel was ineffective for failing to object in a timely manner to asserted prosecutorial misconduct? (California, United States of America)
Does a failure to object to prosecutorial misconduct excused on the ground of futility? (California, United States of America)
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