What is the test for a finding of ineffective counsel in a case of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Ray, A127613, A127690 (Cal. App. 2011):

married. Although trial counsel objected only to the jigsaw analogy, we consider the effect of the other challenged remarks to forestall appellants' alternative argument that counsel were ineffective in failing to preserve the issues on appeal. (People v. Lewis (1990) 50 Cal.3d 262, 282-283.)

The standards governing review of prosecutorial misconduct claims are well-settled. " 'A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct, and such actions require reversal under the federal Constitution when they infect the trial with such " 'unfairness as to make the resulting conviction a denial of due process.' " [Citations.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial. [Citation.]' " (People v. Parson (2008) 44 Cal.4th 332, 359.)

We conclude reversal is not required.

1. Background

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