Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated his constitutional right to effective assistance of counsel?

California, United States of America


The following excerpt is from People v. Wilson, F074819 (Cal. App. 2019):

"A defendant whose counsel did not object at trial to alleged prosecutorial misconduct can argue on appeal that counsel's inaction violated the defendant's constitutional right to the effective assistance of counsel. The appellate record, however, rarely shows that the failure to object was the result of counsel's incompetence." (People v. Lopez (2008) 42 Cal.4th 960, 966.) To prevail on his claim, defendant must show "(1)

Page 14

counsel's performance was deficient because it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficiencies resulted in prejudice." (People v. Centeno (2014) 60 Cal.4th 659, 674.)

Other Questions


Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)
Is a defendant's right to effective assistance of counsel violated by trial counsel's failure to challenge his prior strike? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.