Can a defendant bring a claim of prosecutorial misconduct against the Attorney General?

California, United States of America


The following excerpt is from People v. Wesson, C075971 (Cal. App. 2016):

We conclude defendant's claim of prosecutorial misconduct fails since there was not prejudice warranting reversal. The misconduct, if any, was harmless beyond a reasonable doubt. In light of that conclusion, and the weight of the evidence against defendant, his claim of ineffective assistance of counsel must also fail, as there is no reasonable probability that he would have obtained a more favorable result absent counsel's shortcomings. (People v. Cunningham (2001) 25 Cal.4th 926, 1003, citing Strickland v. Washington (1984) 466 U.S. 668, 686 [80 L.Ed.2d 674].)

The judgment is affirmed.

HULL, Acting P. J.

We concur:

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