Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault?
California, United States of America
The following excerpt is from People v. Dubose, B250215 (Cal. App. 2014):
Defense counsel did not timely object to the challenged statements or request an admonition from the trial court. Further, there is no evidence in the record to suggest that an admonition from the trial court would have been futile or that an admonition would not have cured the harm. As a result, the claim has been forfeited for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)
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