Does the failure of a prosecutor to separate a separate trial from a single trial affect a jury's verdict?

California, United States of America


The following excerpt is from People v. Starks, B227728 (Cal. App. 2012):

Appellant also did not raise this objection below, but argues the failure to do so was ineffective assistance. Appellant suggests the prosecutor implied there was something sinister in his desire to have a separate trial and the jury would conclude the defense was trying to hide something. The fact the trials were separated would dispel any such notion. As explained above, the evidence against appellant was overwhelming. Accordingly, we are satisfied beyond a reasonable doubt that the misconduct, if any, did not affect the jury's verdict. (People v. Hall (2000) 82 Cal.App.4th 813, 817.)

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