How have the courts treated defense counsel's claims of prosecutorial misconduct?

California, United States of America


The following excerpt is from The People v. Acuna, B215134, No. VA100746 (Cal. App. 2010):

Although defense counsel objected to many of the acts of purported misconduct, this was insufficient to preserve the claims for review because counsel did not adequately articulate the grounds of the objections or request that the jury be admonished. Accordingly, defendant's claims of prosecutorial misconduct have been forfeited for purposes of review. (People v. Miller (1990) 50 Cal.3d 954, 1001.) Even if defendant's failure to preserve these claims for review is ignored, we reject all the claims on the merits.

Other Questions


How have the courts treated comments made by counsel to the jury in defense counsel in cases involving misconduct allegations? (California, United States of America)
How have courts treated a defense counsel's claim that the trial court would not have entertained an objection to a probation condition? (California, United States of America)
Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (California, United States of America)
How have the courts dealt with a defendant's claim of prosecutorial misconduct in questioning a defense expert? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
Does the defense preserve a claim of prosecutorial misconduct for appeal by making a timely objection at trial and asking the court to admonish the jury? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.