How have the courts dealt with an allegation of improper conduct made by a defendant on appeal?

California, United States of America


The following excerpt is from People v. Noriega, E059713 (Cal. App. 2015):

Initially, the People argue defendant failed to make a timely objection to the comments and has therefore forfeited his claim. " ' "[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. [Citation.]" ' [Citations.]" (People v. Pearson (2013) 56 Cal.4th 393, 426.) Defendant admits that his trial counsel did not object to the above-referenced remarks, but insists that any admonition to the jury would not have cured the error. Moreover, defendant has claimed that if we find he has forfeited the claim, he received ineffective assistance of counsel. We will address defendant's claim.

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