What is the test for objecting to a claim of prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. Castillo, H041520 (Cal. App. 2016):
" ' "To preserve a claim of prosecutorial misconduct for appeal, a defendant must make a timely and specific objection and ask the trial court to admonish the jury to disregard the improper argument." ' [Citation.] A court will excuse a defendant's failure to object only if an objection would have been futile or if an admonition would not have cured the harm caused by the misconduct. [Citation.]" (People v. Jackson (2016) 1 Cal.5th 269, 349.)
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