Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel?

California, United States of America


The following excerpt is from People v. Morales, 104 Cal.Rptr.2d 582, 18 P.3d 11, 25 Cal.4th 34 (Cal. 2001):

Defendant may well be able to argue successfully that his counsel's failure to object to the prosecutor's argument violated his right to the effective assistance of counsel. But defendant does not argue that on appeal here. Understandably so. As this court has repeatedly said, such claims are more appropriately made in a petition for writ of habeas corpus, where any possible tactical basis for counsel's actions can be explored at an evidentiary hearing. (See, e.g., People v. Diaz (1992) 3 Cal.4th 495, 557-558, 11 Cal.Rptr.2d 353, 834 P.2d 1171.) Although it may be difficult to perceive a tactical basis for counsel's failure to object in this case, I see no need to decide this issue because it is not before us.

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