Can a criminal defendant seek a new trial on the grounds that the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial?

California, United States of America


The following excerpt is from People v. Stone, B282505 (Cal. App. 2019):

A criminal defendant may move for a new trial on the ground "the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial thereof before a jury." ( 1181, subd. 5.) "'"We review a trial court's ruling on a motion for a new trial under a deferential abuse-of-discretion standard." [Citations.] "'A trial court's ruling on a motion for new trial is so completely within that court's discretion that a reviewing court will not disturb the ruling absent a manifest and unmistakable abuse of that discretion.'"'" (People v. Lightsey (2012) 54 Cal.4th 668, 729; accord, People v. McCurdy (2014) 59 Cal.4th 1063, 1108.)

To preserve a prosecutorial misconduct claim for appeal, "'"a criminal defendant must make a timely and specific objection

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