What is the threshold question for a defendant to complain of prosecutorial misconduct for the first time on appeal?

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.

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