California, United States of America
The following excerpt is from People v. Garcia, H039212 (Cal. App. 2014):
Defendant acknowledges that generally, "trial counsel's failure to object in a timely manner to asserted prosecutorial misconduct . . . results in the forfeiture of the claim on appeal. [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 757.) Defendant suggests this court can exercise discretion to review his claim because the prosecutorial misconduct violated his constitutional rights to due process and a fair trial. Defendant also asserts that trial counsel was ineffective for failing to object to the misconduct.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.