Is ineffective assistance of counsel ineffective for failing to object to alleged prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Mendoza, F071822 (Cal. App. 2018):

7. Appellant contends that his counsel was ineffective for failing to object to the alleged prosecutorial misconduct, which resulted in forfeiture of this claim. As discussed below, however, there was no prejudicial misconduct. As such, any failure to object did not constitute ineffective assistance of counsel. (See People v. Lucas (1995) 12 Cal.4th 415, 436 [defendant bears burden to establish both deficient performance and resulting prejudice in a claim of ineffective assistance of counsel].)

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