What is the test for a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Wash, 24 Cal.Rptr.2d 421, 6 Cal.4th 215, 861 P.2d 1107 (Cal. 1993):
It is evident that defendant did not raise at trial, and has not preserved for appeal, a claim of prosecutorial misconduct. He failed to satisfy the general rule (e.g., People v. Ashmus (1991) 54 Cal.3d 932, 976, 2 Cal.Rptr.2d 112, 820 P.2d 214) requiring assignment of misconduct and request for admonition as to the comments he now challenges, and can invoke no exception. Therefore, he has "waived" the question.
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