What is the test for objecting at trial to the allegation of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Johnsen, 10 Cal.5th 1116, 274 Cal.Rptr.3d 599, 480 P.3d 2 (Cal. 2021):

his challenge to the alleged misconduct. "It is well settled that making a timely and specific objection at trial, and requesting the jury be admonished (if jury is not waived), is a necessary prerequisite to preserve a claim of prosecutorial misconduct for appeal." ( People v. Seumanu (2015) 61 Cal.4th 1293, 1328, 192 Cal.Rptr.3d 195, 355 P.3d 384 ( Seumanu ).) Johnsen did not object to the district attorney's characterization of the reasonable doubt standard. While failure to object would not forfeit his claim when doing so would have been futile or an admonition would be insufficient to cure the purported harm, the record does not suggest that a timely objection

[10 Cal.5th 1165]

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