What is the test for waiving a claim of prosecutorial misconduct?
MultiRegion, United States of America
The following excerpt is from Stephens v. City and County of San Francisco, 954 F.2d 727 (9th Cir. 1991):
Under California law, a claim of prosecutorial misconduct is waived if the defendant does not object to it at trial. People v. Green, 27 Cal.3d 1, 27 (1980), overruled on other grounds by, People v. Hall, 41 Cal.3d 826 (1986). The claim will only be considered by a reviewing court if the harm is incurable and resulted in a miscarriage of justice. Id. at 20-21.
"The most advanced legal research software ever built."
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 effect of the phrase "Juror misconduct" in the context of a juror misconduct claim? (MultiRegion, United States of America)
Is there a constitutional basis for a claim of prosecutorial misconduct? (MultiRegion, United States of America)
What is the test for a claim of prosecutorial misconduct based on conduct at trial? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What are some cases dealing with claims of prosecutorial misconduct in the grand jury? (MultiRegion, United States of America)
What is the standard of review for a claim of prosecutorial misconduct on a writ of habeas corpus? (MultiRegion, United States of America)
What is the test for a claim of prosecutorial misconduct premised on statements made during summation? (MultiRegion, United States of America)
Does a prosecutor have to pass on the defense's claim of prosecutorial misconduct? (MultiRegion, United States of America)
What constitutes a substantive claim of prosecutorial misconduct? (MultiRegion, United States of America)
Can a defendant waive any objection to three instances of prosecutorial misconduct due to his failure to raise objections at trial? (MultiRegion, United States of America)
