California, United States of America
The following excerpt is from People v. Hurtado, B265955 (Cal. App. 2016):
jury. (See People v. Gionis (1995) 9 Cal.4th 1196, 1215 [prosecutor commits misconduct under state law if he uses deceptive or reprehensible methods].)
Defendant has similarly failed to show he received ineffective assistance of counsel. Defendant suffered no prejudice from the earlier testimony and so there is no reasonable probability defendant would have obtained a more favorable result if the earlier testimony had been stricken. (See People v. Rodrigues, supra, 8 Cal.4th at p. 1126 [court need not determine whether counsel's performance was deficient before examining prejudice from claimed deficiencies].) Absent such a probability, his claim fails.
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