Can a defendant bring a claim of prosecutorial misconduct for failing to object in argument?
California, United States of America
The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):
[928 P.2d 565] With one exception, defense counsel did not object to any of the statements here challenged. Absent objection, a claim of prosecutorial misconduct in argument is not reviewable on appeal. (People v. Berryman, supra, 6 Cal.4th 1048, 1072, 25 Cal.Rptr.2d 867, 864 P.2d 40.) Recognizing this difficulty, defendant asserts that his attorney's failure to object deprived him of his right to the effective assistance of counsel. We reject each claim.
1. Disregarding Sympathy
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