Is a defendant's claim that her trial counsel was ineffective for not objecting to the alleged prosecutorial misconduct?
California, United States of America
The following excerpt is from People v. McDermott, 123 Cal.Rptr.2d 654, 28 Cal.4th 946, 51 P.3d 874 (Cal. 2002):
We also reject defendant's claim that her trial counsel was ineffective for not objecting to the alleged prosecutorial misconduct. Because the record does not show the reasons for counsel's actions, defendant's claim of ineffective assistance is more appropriately decided in a habeas corpus proceeding. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267, 62 Cal.Rptr.2d 437, 933 P.2d 1134.)
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