California, United States of America
The following excerpt is from People v. Heuser, C071598 (Cal. App. 2014):
Defendant's claim of prosecutorial misconduct is forfeited because he did not object to the prosecutor's alleged misconduct and request a curative admonition. (People v. McDowell (2012) 54 Cal.4th 395, 436.) Anticipating forfeiture, defendant argues reversal is nevertheless required because defense counsel's failure to object and request such an admonition amounted to ineffective assistance of counsel. Assuming counsel's performance fell below an objective standard of reasonableness, defendant has not carried his burden of demonstrating a more favorable outcome is reasonably probable absent counsel's omissions.
Page 8
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.