How have courts dealt with defense counsel's failure to object to a prosecutor's remarks?
California, United States of America
The following excerpt is from People v. Rodrigues, 36 Cal.Rptr.2d 235, 8 Cal.4th 1060, 885 P.2d 1 (Cal. 1994):
We need not address these claims on the merits because defense counsel's failure to object to the prosecutor's remarks waives the issue on appeal. [8 Cal.4th 1126] (People v. Cummings (1993) 4 Cal.4th 1233, 1334-1335, 18 Cal.Rptr.2d 796, 850 P.2d 1.) Nevertheless, we will reach the merits in response to defendant's assertion that the failure to assign misconduct constituted ineffective assistance of counsel.
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