Is there any case law where defense counsel failed to timely object and did not timely object to admonish the jury to disregard the improper question?
California, United States of America
The following excerpt is from People v. Dubose, B250215 (Cal. App. 2014):
Defense counsel failed to timely object and did not request the trial court to admonish the jury to disregard the improper question. Further, there is no evidence in the record to suggest that an admonition from the trial court would have been futile or that an admonition would not have cured the harm. As a result, the claim has been forfeited for appellate review. (People v. Davis, supra, 46 Cal.4th at p. 612.)
"The most advanced legal research software ever built."
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.
Other Questions
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
Can a defense counsel raise a timely objection or admonition from the trial court to disregard improper comments made by the prosecution? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Is there a defense counsel who failed to object to the asserted error by failing to object? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does a defendant have a duty to resolve the question of his competence at the time of trial when the question was tendered by defense counsel after the verdict? (California, United States of America)
Can a defense counsel be deemed incompetent for failing to make a meritless, time-consuming, nonproductive argument, objections or motions that have little or no merit? (California, United States of America)
