Can a defendant bring a motion alleging ineffective counsel against a prosecutor for failing to object to the prosecutor's misconduct?

California, United States of America


The following excerpt is from People v. Miller, A139503 (Cal. App. 2015):

Defendant contends his counsel provided ineffective assistance, in violation of the Sixth Amendment to the United States Constitution, by failing to object to the prosecutor's alleged misconduct. In a challenge based on alleged ineffective assistance of counsel, defendant must demonstrate: (1) that that conduct of the attorney fell below an objective standard of reasonableness; and (2) that but for counsel's alleged errors, it is reasonably probable that a determination more favorable to the defendant would have resulted. (People v. Mesa (2006) 144 Cal.App.4th 1000, 1007.) As discussed below, because we conclude the prosecutor did not commit misconduct, counsel was not ineffective for failing to object and defendant suffered no prejudice.

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