What is the test for a defense to preserve for appeal a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Davidson, H037751 (Cal. App. 2015):
7. Typically, " '[t]o preserve for appeal a claim of prosecutorial misconduct, 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. Silva (2001) 25 Cal.4th 345, 373.)
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