Can a defense counsel request an admonition from the court for failing to object to a prosecutor's improper conduct?

California, United States of America

The following excerpt is from People v. Kenoth Raymond Bishop, E065543 (Cal. App. 2017):

Defense counsel objected promptly and as specifically as he was allowed. Nevertheless, for no apparent reason, the trial court started overruling all of his objections. Under these circumstances, a request for an admonition would have been

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futile. (People v. Sanchez (2016) 63 Cal.4th 411, 476.) Hence, the objections alone were sufficient to preserve the error.
We turn, then to whether the error was prejudicial. "'"When a prosecutor's intemperate behavior is sufficiently egregious that it infects the trial with such a degree of unfairness as to render the subsequent conviction a denial of due process, the federal Constitution is violated."' [Citations.] . . . Misconduct that does not constitute a federal constitutional violation warrants reversal only if it is reasonably probable the trial outcome was affected. [Citations.]" (People v. Shazier (2014) 60 Cal.4th 109, 127.)

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