Can a defendant argue on appeal that counsel's inaction violated their constitutional right to effective assistance of counsel?

California, United States of America


The following excerpt is from People v. Green, E065658 (Cal. App. 2017):

" '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.' [Citation.] . . . [The defendant] bears the burden of showing by a preponderance of the evidence that (1) 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.)

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