Does the Attorney General have the authority to make a claim on appeal of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Ware, B217418 (Cal. App. 2011):
3. As the Attorney General argues, this contention is technically forfeited because appellant failed to raise it in the trial court. (People v. Hill (1998) 17 Cal.4th 800, 820 ["'As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety'"].)
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