Does the Attorney General have a claim of forfeiture against the Defendant for failing to object to prosecutorial misconduct and request jury admonishment?

California, United States of America


The following excerpt is from People v. Hupp, D064053 (Cal. App. 2015):

10. To the extent defense counsel failed to object to prosecutorial misconduct and request jury admonishment, the claims are forfeited on appeal unless these measures would have been futile or ineffective to cure the harm. (People v. Harrison, supra, 35 Cal.4th at pp. 243-244.) In any event, because we find no prosecutorial misconduct, we need not address the Attorney General's claim of forfeiture nor defendant's alternative claim of ineffective assistance of counsel.

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