What is the test for a defense counsel's failure to object to the prosecutor's misstatements regarding provocation?
California, United States of America
The following excerpt is from People v. Herrera, B256122 (Cal. App. 2015):
Appellant seeks to avoid forfeiture of his claim by asserting that his defense counsel's failure to object to the prosecutor's misstatements regarding provocation deprived him of effective assistance of counsel as guaranteed by the Sixth Amendment to the United States Constitution. (See McMann v. Richardson (1970) 397 U.S. 759, 771, fn. 14 [90 S.Ct. 1441].)
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