Is a prosecutor misconduct when she encouraged jurors not to consider voluntary and involuntary manslaughter as lesser included offenses to the charge of second degree murder?

California, United States of America


The following excerpt is from People v. Bresnak, 2d Crim. No. B288095 (Cal. App. 2020):

Bresnak contends the prosecutor committed misconduct when, during closing argument, she encouraged jurors not to consider voluntary and involuntary manslaughter as lesser included offenses to the charge of second degree murder. But Bresnak neither objected during the prosecutor's argument nor requested curative admonitions. Nor does he show that objections and requests for admonitions would have been futile. He has forfeited this contention. (People v. Letner and Tobin (2010) 50 Cal.4th 99, 178-179.)

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