Is a defendant entitled to ineffective assistance of counsel because his attorney failed to object to the prosecutor's alleged misstatement of the burden of proof in closing argument?
California, United States of America
The following excerpt is from People v. Valdez-Oroxco, A150243 (Cal. App. 2018):
Defendant contends he received ineffective assistance of counsel based on his attorney's failure to object to the prosecutor's alleged misstatement of the burden of proof in closing argument. (People v. Marshall (1996) 13 Cal.4th 799, 831 ["[I]t is improper for the prosecutor to misstate the law generally [citation], and particularly to
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attempt to absolve the prosecution from its prima facie obligation to overcome reasonable doubt on all elements."].)
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