Can a defendant bring a claim for ineffective assistance of counsel against a prosecutor who made inappropriate remarks to a plaintiff in a criminal case?

California, United States of America


The following excerpt is from People v. Evans, B303471 (Cal. App. 2020):

Appellant cannot establish his counsel's inadequacy in this case for the simple reason that the prosecutor's remarks did not constitute error or misconduct. Trial counsel thus cannot be deemed to have provided ineffective assistance for failing to object to proper argument. (People v. Turner (2004) 34 Cal.4th 406, 431 [where defendant's prosecutorial misconduct claim fails, "his ineffective assistance of counsel claim predicated on the failure to object to this misconduct fails"].)

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