Does a defendant have the right to complain of prejudicial misconduct against a prosecutor during penalty phase arguments?
California, United States of America
The following excerpt is from People v. Bell, 262 Cal.Rptr. 1, 49 Cal.3d 502, 778 P.2d 129 (Cal. 1989):
Defendant assigns as prejudicial misconduct various remarks by the prosecutor during penalty phase arguments. He failed to object to any of these remarks, however, and hence under People v. Green, supra, 27 Cal.3d 1, 34, 164 Cal.Rptr. 1, 609 P.2d 468, is deemed to have waived the right to complain of them on appeal unless the harm they caused could not have been corrected by appropriate instructions.
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