Does the Attorney General have any authority to forfeit a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Matos, G049474 (Cal. App. 2015):

2. Although the Attorney General provides the legal principles concerning forfeiture of a claim of prosecutorial misconduct, the Attorney General does not provide any argument of the issue. Matos's defense counsel objected but on the grounds the prosecutor misstated the evidence, not on the grounds she committed misconduct. (People v. Dykes (2009) 46 Cal.4th 731, 766 [counsel must object on ground prosecutor committed misconduct or forfeited].) Because the Attorney General does not provide any reasoned argument that appellate review of this issue is forfeited, we will address the merits of Matos's claim.

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