California, United States of America
The following excerpt is from People v. Johnson, B245924 (Cal. App. 2014):
Appellant is not arguing that this exchange was enough to preserve his claim of prosecutorial misconduct. Rather, appellant claims that defense counsel's act of recognizing the issue and raising it with the trial court while failing to make the appropriate objection or legal argument is proof that her omissions lacked a rational tactical purpose. However, "[f]ailure to object rarely constitutes constitutionally ineffective legal representation." (People v. Boyette (2002) 29 Cal.4th 381, 424.) Moreover, defense counsel's recognition of the prosecutor's leading questions and voicing it to the court does not indicate that her representation was objectively deficient.
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