Is a defendant permitted to complain on appeal of prosecutorial misconduct for failing to object or request an admonition from the trial court?

California, United States of America


The following excerpt is from People v. Sanchez, D050383 (Cal. App. 12/5/2007), D050383 (Cal. App. 2007):

Sanchez concedes that defense counsel did not object to any of the People's statements nor request an admonition from the trial court; accordingly, his claim of prosecutorial misconduct is waived. (People v. Hill (1998) 17 Cal.4th 800, 820 [defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety].) However, Sanchez claims that counsel was ineffective for failing to object and we review his claims in this context.

Other Questions


Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Does a defendant have to make a timely objection and/or request an admonition at trial to preserve for appeal a claim of prosecutorial misconduct? (California, United States of America)
Is a defendant permitted to proceed with an application to appeal against the finding that he failed to object at trial to the Court of Appeal? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of 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.