When admonishment is given to the jury at the time of defense counsel's objection, does the jury follow the admonition and avoid prejudice?
California, United States of America
The following excerpt is from People v. Benavides, F066012 (Cal. App. 2014):
The jury was also admonished at the time of defense counsel's objection. When admonishment follows an objection by counsel, "we assume the jury followed the admonition and that prejudice was therefore avoided." (People v. Bennett (2009) 45 Cal.4th 577, 595.) Benavides fails to rebut this presumption.
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