How have the courts treated a defense counsel's objection to an argument in a motion?

California, United States of America


The following excerpt is from Browne v. Assured Aggregates Company, Inc., H024312. (Cal. App. 2003):

"Generally a claim of misconduct is entitled to no consideration on appeal unless the record shows a timely and proper objection and a request that the jury be admonished." (Horn v. Atchison T. & S. F. Ry. Co. (1964) 61 Cal.2d 602, 610.) Defendants claim that the court's overruling of their objection made further objection futile. This does not explain why defense counsel failed to object to the three earlier argument passages of which they now complain.

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