Is a defendant entitled to a new trial if counsel fails to object to an argument that is erroneous and prejudicial?

California, United States of America

The following excerpt is from People v. Daniels, 277 Cal.Rptr. 122, 52 Cal.3d 815, 802 P.2d 906 (Cal. 1991):

Defendant already is protected, however, by his right to competent assistance of counsel. Competent counsel can be expected to object to argument which is not only erroneous but so prejudicial that it would undermine confidence in the verdict. If counsel fails to object, and lacks a reasonable tactical basis for his failure to object, defendant if prejudiced would be entitled to a new trial on the theory that he had been denied the effective assistance of counsel. (See People v. Ledesma (1987) 43 Cal.3d 171, 233 Cal.Rptr. 404, 729 P.2d 839.)

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