context: However, Veith failed to preserve this issue for appeal by not offering proper objection during closing. "The rule is that the objection to argument of counsel must be made at the time of the improper argument, remark, or other misconduct."
citation_a.signal: no signal
citation_a.identifier: 513 N.W.2d 97, 110
citation_a.parenthetical: holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue
citation_a.sentence: Janklow, 2005 SD 25, ¶ 47, 693 N.W.2d at 701. When a party deprives the trial court an opportunity to rule on the issue by failing to object to argument at the time the objectionable comments are made, he waives his right to argue the issue on appeal. Id. ¶ 47, 693 N.W.2d at 701 (quoting State v. Boston, 2003 SD 71, ¶ 26, 665 N.W.2d 100, 109 (citing State v. Corey, 2001 SD 53, ¶ 9, 624 N.W.2d 841, 844); City of Sioux Falls v. Kelley, 513 N.W.2d 97, 110 (S.D.1994) (citations omitted) (holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue); see Anderson, 441 N.W.2d at 677 (S.D.1989) (holding that plaintiffs failure to request a mistrial due to defense counsel’s improper statements during closing argument foreclosed his opportunity to argue it on appeal); State v. Handy, 450 N.W.2d 434, 435 (S.D.1990) (holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object)); Arbach v. Gruba, 89 S.D. 322, 232 N.W.2d 842 (1975); see also Till, 281 N.W.2d 276; Carlson, 392 N.W.2d 89; Triple U Enterprises, Inc., 388 N.W.2d 525; John Deere Company, 306 N.W.2d 231; Matter of A.I., 289 N.W.2d 247 (S.D.1980).
citation_b.signal: see
citation_b.identifier: 450 N.W.2d 434, 435
citation_b.parenthetical: holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object
citation_b.sentence: Janklow, 2005 SD 25, ¶ 47, 693 N.W.2d at 701. When a party deprives the trial court an opportunity to rule on the issue by failing to object to argument at the time the objectionable comments are made, he waives his right to argue the issue on appeal. Id. ¶ 47, 693 N.W.2d at 701 (quoting State v. Boston, 2003 SD 71, ¶ 26, 665 N.W.2d 100, 109 (citing State v. Corey, 2001 SD 53, ¶ 9, 624 N.W.2d 841, 844); City of Sioux Falls v. Kelley, 513 N.W.2d 97, 110 (S.D.1994) (citations omitted) (holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue); see Anderson, 441 N.W.2d at 677 (S.D.1989) (holding that plaintiffs failure to request a mistrial due to defense counsel’s improper statements during closing argument foreclosed his opportunity to argue it on appeal); State v. Handy, 450 N.W.2d 434, 435 (S.D.1990) (holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object)); Arbach v. Gruba, 89 S.D. 322, 232 N.W.2d 842 (1975); see also Till, 281 N.W.2d 276; Carlson, 392 N.W.2d 89; Triple U Enterprises, Inc., 388 N.W.2d 525; John Deere Company, 306 N.W.2d 231; Matter of A.I., 289 N.W.2d 247 (S.D.1980).