California, United States of America
The following excerpt is from People v. Wilson, F074819 (Cal. App. 2019):
"A defendant whose counsel did not object at trial to alleged prosecutorial misconduct can argue on appeal that counsel's inaction violated the defendant's constitutional right to the effective assistance of counsel. The appellate record, however, rarely shows that the failure to object was the result of counsel's incompetence." (People v. Lopez (2008) 42 Cal.4th 960, 966.) To prevail on his claim, defendant must show "(1)
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counsel's performance was deficient because it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficiencies resulted in prejudice." (People v. Centeno (2014) 60 Cal.4th 659, 674.)
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