California, United States of America
The following excerpt is from People v. MELANSON, D054983, No. SCD212804 (Cal. App. 2010):
Prosecutorial misconduct exists " 'under state law only if it involves " 'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. (People v. Earp (1999) 20 Cal.4th 826, 858.) In more extreme cases, a defendant's federal due process rights are violated when a prosecutor's improper remarkinfect[s] the trial with unfairness, making it fundamentally unfair. (Ibid.) However," '[t]o preserve for appeal a claim of prosecutorial misconduct, the defense must make a timely objection at trial and request an admonition....' " (Ibid.) As an exception to this rule,
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"[a] defendant will be excused from the necessity of either a timely objection and/or a request for admonition if either would be futile. [Citations.] In addition, failure to request the jury be admonished does not forfeit the issue for appeal if ' "an admonition would not have cured the harm caused by the misconduct.(People v. Hill (1998) 17 Cal.4th 800, 820.)
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