Does a defendant have to raise a timely objection and admonish the jury to disregard the offending remarks?

California, United States of America

The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):

To preserve a claim of prosecutorial misconduct for appeal, however, the defendant must have raised a timely objection and requested that the jury be admonished to disregard the offending remarks. (

[364 P.3d 395]

People v. Linton, supra, 56 Cal.4th at p. 1205, 158 Cal.Rptr.3d 521, 302 P.3d 927 ;

[62 Cal.4th 653]
People v. Huggins (2006) 38 Cal.4th 175, 251252, 41 Cal.Rptr.3d 593, 131 P.3d 995.) Defense counsel neither objected to the prosecutor's rhetorical questions, nor asked the court to admonish the jury. Defendant therefore has forfeited his claim of misconduct. (People v. Thomas (2012) 54 Cal.4th 908, 944, 144 Cal.Rptr.3d 366, 281 P.3d 361.)

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