Does defendant's failure to request a curative admonition forfeit the issue?

California, United States of America


The following excerpt is from People v. Dungo, C055923 (Cal. App. 2013):

We further conclude defendant's failure to request a curative admonition did not forfeit the issue because the court immediately overruled the objection, and defendant had no opportunity to make such a request. (People v. Hill, supra, 17 Cal.4th at pp. 820-821.) Moreover, on the record before us, we are convinced that any further attempt by defendant to bring the issue to the trial court's attention would have resulted, at most, in the trial court admonishing the jury to follow its instructions, which, as we later explain, would not have clarified the issue of adequate provocation for the jury.

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