What are the consequences of a defense failing to object in a timely manner to a claim of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Grose, F058464 (Cal. App. 2011):

We have examined appellant's 26 claims in the context of the record on appeal and do not find a single formal assignment of prosecutorial misconduct in the trial court. The defense must make a timely objection at trial and request an admonition; otherwise, the point is reviewable only if an admonition would not have cured the harm caused by the misconduct. (People v. Price (1991) 1 Cal.4th 324, 447.) Trial counsel's failure to object in a timely manner to asserted prosecutorial misconduct results in the forfeiture of the claim on appeal. (People v. Dykes, supra, 46 Cal.4th at p. 757.)

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