Admonish the Jury - Prosecutorial Misconduct
In People v. Heldenburg (1990), 219 Cal. App. 3d at pages 474-475, the court applied principles to a situation where defense counsel did obtain a ruling on prosecutorial misconduct in which the trial court agreed to admonish the jury as counsel had requested, but the trial court then forgot to give the admonishment and counsel did not press the issue and call the omission to the court's attention.
The reviewing court noted that counsel has an obligation not only to secure a ruling at trial, but also to affirmatively seek implementation of that ruling once it is rendered. (Id. at p. 474.)
The reviewing court found that by failing to press the trial court for the admonition, "defense counsel waived the issue of prosecutorial misconduct as effectively as though the issue had never been raised." (Id. at p. 475.)
The court noted, "In short, we view defendant's claim of prosecutorial misconduct, for all practical purposes, as having been raised for the first time on appeal." (Ibid.)
The court then declined to reach the merits of the prosecutorial misconduct claim. (Ibid.)