California, United States of America
The following excerpt is from People v. Dubose, B250215 (Cal. App. 2014):
Defense counsel did not raise a timely objection nor did counsel request an admonition from the trial court to disregard the prosecution's alleged improper comments. No evidence in the record suggests an admonition was futile nor does appellant argue that an admonition would have been futile. Because an admonition would have cured any alleged harm, defense counsel's failure to request an admonition forfeited the claim for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)
Even if the claim were not forfeited, there would be no misconduct. Prosecutors are given wide latitude to discuss and draw inferences from the evidence at trial. (People v. Dennis, supra, 17 Cal.4th at p. 522.) Here, the prosecutor's argument included an inference reasonably drawn from the evidence presented at trial.
iv. Assuming facts not in evidence
Appellant contends the prosecutor committed misconduct when she argued appellant knew a child was crying in the backseat.
Defense counsel did not raise a timely objection nor did counsel request an admonition from the trial court to disregard the prosecution's alleged improper argument. Further, no evidence in the record suggests an admonition was futile nor does appellant argue that an admonition would have been futile. Accordingly, this claim is forfeited for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)
Even if the claim were not forfeited, there would be no misconduct. The argument was a reasonable inference from the evidence. (People v. Dennis, supra, 17 Cal.4th at p. 522.)
g. Defense closing arguments
Appellant contends the prosecutor raised improper objections during defense counsel's closing statement, which constituted misconduct.
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