What is the current state of the law on counsel's right to raise objections at the penalty and guilt phases?

6. Defendant points out that the trial court made the following comment before closing argument at both the guilt and penalty phases: "I'm going to ask the lawyers to try and avoid interrupting one another during the argument, and if either attorney should misstate the evidence or the law, and I know that neither would do that intentionally, you are to rely on the evidence as it was presented in the trial and the law as I will be giving it to you." Defendant claims that given this admonition, his counsel's failure to object at all during closing argument at the guilt and penalty phases was understandable and excusable. We disagree.

Contrary to defendant's contention, the trial court did not prohibit counsel from raising objections or asking for admonitions, but requested that they "try and avoid" interruptions. The trial court mainly emphasized that the jury should ultimately rely on the court's instructions on the evidence and the law. We conclude that because the atmosphere of the trial was "not poisonous" (People v. Hillhouse (2002) 27 Cal.4th 469, 502, 117 Cal.Rptr.2d 45, 40 P.3d 754), defendant failed to object at all (even after the arguments), and the record fails to show that objections would have been futile, the normal rule requiring an objection to preserve a claim on appeal applies. (Ibid. ["extreme circumstances" may justify an "unusual" rule].)

Contrary to defendant's contention, the trial court did not prohibit counsel from raising objections or asking for admonitions, but requested that they "try and avoid" interruptions. The trial court mainly emphasized that the jury should ultimately rely on the court's instructions on the evidence and the law. We conclude that because the atmosphere of the trial was "not poisonous" (People v. Hillhouse (2002) 27 Cal.4th 469, 502, 117 Cal.Rptr.2d 45, 40 P.3d 754), defendant failed to object at all (even after the arguments), and the record fails to show that objections would have been futile, the normal rule requiring an objection to preserve a claim on appeal applies. (Ibid. ["extreme circumstances" may justify an "unusual" rule].)