Does a defense counsel have to object or seek counsel's admonition at trial?
California, United States of America
The following excerpt is from People v. Boulware, C075063 (Cal. App. 2015):
Defense counsel did not object or seek a curative admonition at trial and nothing suggests an admonition would have been futile; thus, defendant forfeited her claim of prosecutorial misconduct. (People v. Linton (2013) 56 Cal.4th 1146, 1205.) Nevertheless, since defendant contends counsel rendered ineffective assistance by failing to object to the misconduct, we also consider and reject her claim challenging counsel's performance.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
Does the trial court erred by discussing some of defendant's complaints about defense counsel and disagreements with defense counsel in the presence of the prosecutor? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
