In what circumstances will a defendant be excused from a jury for failing to object to a prosecution argument?
California, United States of America
The following excerpt is from People v. Chacon, H041655 (Cal. App. 2017):
In order to preserve a claim of prosecutorial misconduct on appeal, " ' "a defendant must make a timely and specific objection and ask the trial court to admonish the jury to disregard the improper argument." ' [Citation.] A failure to 'object and request an admonition will be excused if doing either would have been futile, or if an admonition would not have cured the harm.' [Citation.]" (People v. Mendoza (2016) 62 Cal.4th 856, 905.)
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