Does a defendant have to oppose the finding of a judge's misconduct claim at trial?
California, United States of America
The following excerpt is from People v. Ilsung, C058778 (Cal. App. 12/31/2009), C058778. (Cal. App. 2009):
"As a general rule, judicial misconduct claims are not preserved for appellate review if no objections thereto were made at trial. [Citation.] Nonetheless, a defendant's failure to object does not preclude review `when an objection and an admonition could not cure the prejudice caused by' such misconduct." (People v. Perkins (2003) 109 Cal.App.4th 1562, 1567.)
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