Can a defendant obtain juror contact information to preserve a claim of prosecutorial misconduct for appeal?

California, United States of America


The following excerpt is from People v. McCall, C071012 (Cal. App. 2013):

First, to preserve a claim of prosecutorial misconduct for appeal, a defendant must have timely objected and requested the trial court to admonish the jury. (People v. Ayala (2000) 23 Cal.4th 225, 284.) We realize defendant's contention here involves but a step on the way to establishing a claim of prosecutorial misconduct. Nevertheless, had defendant timely objected to the prosecutor's alleged repeated exposures and requested the jury be admonished, this would have cured any harm at trial and we would not be entertaining this contention now. Under the circumstances here, granting defendant's motion for juror contact information would allow a defendant to sit upon a claim of

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