California, United States of America
The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):
"A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct, and such actions require reversal under the federal Constitution when they infect the trial with such "unfairness as to make the resulting conviction a denial of due process." [Citations.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial. [Citation.] In order to preserve a claim of misconduct, a defendant must make a timely objection and request an admonition; only if an admonition would not have cured the harm is the claim of misconduct preserved for review." ( People v. Alfaro , supra , 41 Cal.4th at p. 1328, 63 Cal.Rptr.3d 433, 163 P.3d 118 ; see also People v. Chatman (2006) 38 Cal.4th 344, 380, 42 Cal.Rptr.3d 621, 133 P.3d 534 [objection to misconduct at trial must be timely "and on the same ground" as that raised on appeal].)
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