What is the current state of the law on the right to exclude or remedy misconduct?
California, United States of America
The following excerpt is from People v. Rodrigues, H035024 (Cal. App. 2011):
... unless all parties stipulate to the admission of such results." "However, the trial court had no sua sponte duty to exclude evidence, remedy misconduct, or instruct the jury on specific evidentiary limitations. [Citations.] Thus, counsel's failure to act waived direct claims of error." (People v. Montiel (1993) 5 Cal.4th 877, 918.)
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