Does a defendant waive the issue of misconduct in making arguments against the death penalty on appeal?
California, United States of America
The following excerpt is from People v. Brown, 15 Cal.Rptr.3d 624, 33 Cal.4th 382, 93 P.3d 244 (Cal. 2004):
Defendant contends the prosecutor committed misconduct in making certain arguments in favor of the death penalty. He failed to object to any portion of the argument or seek a curative admonition and therefore has waived the issue on appeal. (People v. Ashmus (1991) 54 Cal.3d 932, 989, 2 Cal.Rptr.2d 112, 820 P.2d 214.) Even disregarding this procedural default, we find no error.
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