California, United States of America
The following excerpt is from People v. Martinez, 191 Cal.App.3d 1372, 237 Cal.Rptr. 219 (Cal. App. 1987):
In all cases where a defendant complains of prosecutorial misconduct for the first time on appeal, the threshold question is whether a "timely objection and admonition would have cured the harm." (People v. Green (1980) 27 Cal.3d 1, 34, 164 Cal.Rptr. 1, 609 P.2d 468, disapproved of on other grounds in People v. Hall (1986) 41 Cal.3d 826, 834, 226 Cal.Rptr. 112, 718 P.2d 99.) Only if it would not, does the reviewing court reach the issue of whether such misconduct caused a miscarriage of justice.
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.