Is a defendant's claim of prosecutorial misconduct forfeited by his failure to object and request a curative admonition when the jury began their deliberations?

California, United States of America


The following excerpt is from People v. Fleming, C080213 (Cal. App. 2017):

Defendant's claim of prosecutorial misconduct is arguably forfeited by his failure to object and request a curative admonition when the claimed misconduct occurred, rather than wait to do so until after the jury began their deliberations. In any event, the claim fails on the merits. " 'The prosecutor should not, of course, argue facts not in evidence.' [Citation.] However, 'the prosecutor has a wide-ranging right to discuss the case in closing argument. He [or she] has the right to fully state his [or her] views as to what the evidence shows and to urge whatever conclusions he [or she] deems proper. Opposing counsel may not complain on appeal if the reasoning is faulty or the deductions are illogical because these are matters for the jury to determine.' [Citation.]" (People v. Tully (2012) 54 Cal.4th 952, 1043.)

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