You can't wait for the appeal

When there's an error during the trial, you can't always wait for the appeal to fix it. For instance, Division One recently upheld a conviction because of the defendant’s failure to object and request a curative instruction at the time of prosecutor’s improper argument. State v. McKenzie 2005 WL 12020 (Jan. 3, 2005) (unpublished opinion). The case also illustrates some things that a prosecutor can do wrong (expressing opinion as to defendant's guilt and witnesses' credibility and appealing to passion).

Categories: prosecutorial-misconduct, appeals, record, cases