Can a defendant complain of prosecutorial misconduct on appeal?
California, United States of America
The following excerpt is from People v. West, B248847 (Cal. App. 2015):
First, we note that a defendant may not complain of prosecutorial misconduct on appeal unless he made a timely objection on that ground in the trial court, and requested that the jury be admonished to disregard the impropriety. (People v. Christensen (2014)
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the threshold question for a defendant to complain of prosecutorial misconduct for the first time on appeal? (California, United States of America)
Does the Attorney General have the authority to prevent a defendant from complaining on appeal of prosecutorial misconduct? (California, United States of America)
Is a defendant permitted to complain on appeal of prosecutorial misconduct for failing to object or request an admonition from the trial court? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Does a defendant have a claim of prosecutorial misconduct on appeal because he did not object to or request that the jury be admonished? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct at the Court of Appeal? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
