Is the Attorney General's claim for misconduct forfeited if defense counsel did not object?

California, United States of America


The following excerpt is from People v. Nwozuzu, A146308 (Cal. App. 2018):

Nwozuzu argues these remarks constitute prosecutorial misconduct. The Attorney General responds the claim is forfeited because defense counsel did not object. As a general rule, " ' "[a] defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion, and on the same ground, the defendant objected to the action and also requested that the jury be admonished to disregard the perceived impropriety." ' [Citations.] The defendant's failure to object will be excused if an objection would have been futile or if an admonition would not have cured the harm caused by the misconduct." (People v. Centeno (2014) 60 Cal.4th 659, 674.)

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