What is the test for an objection and admonition in a criminal case where a defendant complained of prosecutorial misconduct for the first time?

California, United States of America

The following excerpt is from People v. Miramon, 140 Cal.App.3d 118, 189 Cal.Rptr. 432 (Cal. App. 1983):

"[T]he initial question to be decided in all cases in which a defendant complains of prosecutorial misconduct for the first time on appeal is whether a timely objection and admonition would have cured the harm. If it would, the contention must be rejected [citation]; if it would not, the court must then and only then reach the issue whether on the whole record the harm resulted in a miscarriage of justice within the meaning of the Constitution. [Citation.]" (People v. Green (1980) 27 Cal.3d 1, 34, 164 Cal.Rptr. 1, 609 P.2d 468.)

The challenged remarks were made in the following context:

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the threshold question for a defendant to complain of prosecutorial misconduct for the first time on appeal? (California, United States of America)

Is a defendant permitted to complain on appeal of prosecutorial misconduct for failing to object or request an admonition from the trial court? (California, United States of America)

Is a defendant's claim of prosecutorial misconduct forfeited because he did not object to the prosecutor's misconduct and request a curative admonition? (California, United States of America)

Does a defendant have to make a timely objection and/or request an admonition at trial to preserve for appeal a claim of prosecutorial misconduct? (California, United States of America)

Does a criminal defendant have to make a timely objection, make known the basis of their objection, and ask the trial court to admonish the jury? (California, United States of America)

Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)

Is there any case law where a defendant's trial counsel was ineffective for failing to object in a timely manner to asserted prosecutorial misconduct? (California, United States of America)

If a defendant has committed multiple criminal objectives in pursuit of different criminal objectives, can he be punished for each of them? (California, United States of America)

Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)

Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)

What is the test for an objection and admonition in a criminal case where a defendant complained of prosecutorial misconduct for the first time?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources