Does a failure to object to prosecutorial misconduct excused on the ground of futility?
California, United States of America
The following excerpt is from People v. Seumanu, 192 Cal.Rptr.3d 195, 355 P.3d 384, 61 Cal.4th 1293 (Cal. 2015):
Although the failure to object to prosecutorial misconduct may be excused on the ground of futility (People v. Collins, supra, 49 Cal.4th at pp. 202203, 110 Cal.Rptr.3d 384, 232 P.3d 32 [discussing the futility exception in the context of Doyle error] ), nothing on this record suggests such futility.
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