Is there any case law where defense counsel failed to object to the prosecutor's comments and request a curative instruction?
California, United States of America
The following excerpt is from People v. Harnish, B263412 (Cal. App. 2016):
First, defense counsel failed to object to the prosecutor's comments and request a curative instruction. Because there is no showing that an objection would have been futile, and it is abundantly clear from the record that a simple admonition would have cured any perceived harm, the contention is forfeited. (People v. Foster (2010) 50 Cal.4th 1301, 1354.)
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