Does a defense counsel have to seek a curative admonition rather than an admonition on appeal?
California, United States of America
The following excerpt is from People v. Butler, B236056 (Cal. App. 2013):
We agree that defense counsel should have sought a curative admonition, and therefore forfeited the objections on appeal. (People v. Stanley (2006) 39 Cal.4th 913, 952.) Nevertheless, we address the contention and conclude that defendant's prosecutorial misconduct claim fails on the merits.
"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)
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)
In what circumstances have defense counsel failed to request a curative admonition to preserve a claim of prosecutorial misconduct for appeal? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (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)
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)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Does a defense counsel have to object or seek counsel's admonition at 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)
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)
