Does a prosecutor's ineffective assistance of counsel result in defense counsel's failure to object?
California, United States of America
The following excerpt is from The People v. Manuel, A127030, No. VCR201342 (Cal. App. 2011):
1. Because the prosecutor did not commit misconduct and his actions were not prejudicial, defense counsel's failure to object did not constitute ineffective assistance of counsel. (See, e.g., People v. Cowan (2010) 50 Cal.4th 401, 493, fn. 31 [ineffective assistance must be prejudicial].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a defendant have any grounds to claim ineffective assistance of counsel as a result of his trial counsel's failure to object to the prosecutor's statements? (California, United States of America)
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Does a defense counsel's failure to interpose an objection to a misstatement of the law constitute ineffective assistance of counsel? (California, United States of America)
Is a defendant's ineffective assistance of counsel based on counsel's failure to object to the prosecutor's characterization of the burden of proof? (California, United States of America)
Does a defense counsel's failure to object to the court's discussion of reasonable doubt constitute ineffective assistance of counsel? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
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)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
